Section 77
of Criminal Asset Recovery Order, 2012
Section 77
(1)
(a)
Where a person has been convicted of a money laundering offence or a serious offence, the Public Prosecutor may, or if so directed by the High Court, shall tender to the High Court a statement in writing by him or any other person in connection with any matters relevant to –
(i)
determining whether the person has benefited from the offence, money laundering offence or from any other serious offence of which he is convicted in the same proceedings or which is taken into account in determining his sentence; or
(ii)
an assessment of value of the person’s benefit from the offence, money laundering offence or from any other serious offence of which he is convicted in the same proceedings or which is taken into account;
(b)
a copy of such statement shall be served on the defendant at least 14
days before the date on which the statement is to be tendered into Court.
Incorporating amendments until S 22/2017
(Cleancopy) NHN/Amiriah/Bb/Karimah as of 26.12.2019
*Note: amendment on page 7,75,81,123 on 11.01.2020
80
BLUV as at 11th March 2017
(2)
Where –
(a)
a statement has been tendered under subsection (1)(a); and
(b)
the Court is satisfied that a copy of that statement has been served on the defendant, the Court may require the defendant to indicate to what extent he accepts each allegation in the statement and, so far as he does not accept or dispute the correctness of any such allegation to state the grounds and to indicate any matters he proposes to rely on to challenge the allegation;
(c)
in so far as the defendant does not dispute the correctness of any allegation contained in the statement, that allegation shall be deemed to be conclusive proof of the matter to which it relates.
(3)
(a)
A defendant may, or if so directed by the Court, shall tender to the Court a statement in writing in connection with any matters which relates to the determination of the amount which might be realised.
(b)
A copy of such statement shall be served on the Public Prosecutor at least 14 days before the date on which the statement is tendered into court.
(4)
(a)
The Public Prosecutor may accept or dispute the correctness of any allegation contained in a statement referred to in subsection (3)(a).
(b)
In so far as the Public Prosecutor accept the correctness of any allegation contained in such statement, that allegation shall be deemed to be conclusive proof of the matter to which it relates.
(5)
An acceptance by a person under this section that he received benefits from the commission of a money laundering offence or serious offence shall be admissible in proceedings for any offence.
Amounts recovered under benefit recovery order.