Section 80
of Criminal Asset Recovery Order, 2012
Section 80
(1)
In assessing the value of benefits derived by a person from the commission of a serious offence, the High Court may treat as part of the benefits derived by the person any property that, in its opinion is subject to the effective control of the person, whether or not he has –
(a)
any legal or equitable interest in the property; or
(b)
any right, power or privilege in connection with the property.
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
82
BLUV as at 11th March 2017
(2)
Notwithstanding subsection (1), the High Court may have regard to –
(a)
shares in, debentures over or directorships in any company that has an interest, whether direct or indirect, in the property, and for this purpose the High Court may order the investigation and inspection of the books of a named company;
(b)
any trust that has any relationship to the property;
(c)
any relationship whatsoever between the persons having an interest in the property or in companies of the kind referred to in paragraph (a) or trust of the kind referred to in paragraph (b) and any other persons.
(3)
Where the High Court, for the purposes of making a benefit recovery order against a person, treats a particular property as the person’s property pursuant to subsection (1), the Court may, on application by the Public Prosecutor, make an order declaring that the property is available to satisfy the order.
(4)
Where the High Court declares that property is available to satisfy a benefit recovery order –
(a)
the order may be enforced against the property as if the property were the property of the person against whom the order is made; and
(b)
a restraining order may be made in respect of the property as if the property were property of the person against whom the order is made.
(5)
Where the Public Prosecutor makes an application for an order under subsection (3) that property is available to satisfy a benefit recovery order against a person –
(a)
the Public Prosecutor shall give written notice of the application to the person and to any person who the Public Prosecutor has reason to believe may have an interest in the property; and
(b)
the person and any person who claims an interest in the property may appear and adduce evidence at the hearing.
Enforcement of benefit recovery orders.