Section 87
of Criminal Asset Recovery Order, 2012
Section 87
(1)
The respondent’s unexplained wealth is the difference between –
(a)
the respondent’s total wealth; and
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
87
BLUV as at 11th March 2017
(b)
the respondent’s lawfully acquired wealth.
(2)
When assessing the respondent’s wealth –
(a)
the value of any property, service, advantage or benefit that is a constituent of the respondent’s wealth is taken to be the greater of –
(i)
its value at the time that it was acquired;
(ii)
its value on the day that the application for the unexplained wealth was made; and
(b)
the value of any property, service, advantage or benefit that was a constituent of the respondent’s wealth but has been given away, used, consumed or discarded, or that is for any other reason no longer available, is taken to be an outgoing at the greater of –
(i)
its value at the time that it was acquired;
(ii)
its value immediately before it was given away, or was used, consumed or discarded, or stopped being available; and
(c)
the Court on hearing an application under section 85 must not take account of –
(i)
any property that has been confiscated or forfeited under this
Order or any other written law; or
(ii)
any property, service, advantage or benefit that was taken into account in making an earlier unexplained wealth declaration against the respondent; or
(iii)
any property, service, advantage or benefit in relation to which a benefit recovery order has been made.
Constituents of person’s wealth.