Section 12
of Criminal Conduct (Recovery of Proceeds) Order, 2000
Section 12
(1)
Where-
{a} a confiscation order has been made;
{b) the order is not subject to appeal; and
{c) the proceedings in which it was made have not been concluded, the Court may, on an application by the prosecution, exercise the powers conferred by subsections (2) to (6).
(2)
The Court may appoint a receiver in respect of the realisable property.
(3)
The Court may empower a receiver appointed under subsection (ZL under section 10, or in pursuance of a charging order
{a} to enforce any charge imposed under section 11 on realisable property or on any interest or dividend payable in respect of such property; and
{b)
in relation to any realisable property, other than property for the time being subject to a charge under section 11, to take possession of the property, subject to such conditions and exceptions as may be specified by the Court.
(4)
The Court may order any person having possession of realisable property to give possession of it to any such receiver.
(5)
The Court may empower any such receiver to realise any realisable property in such manner as it may direct.
(6)
The Court may order any person holding an interest in any realisable property to make such payment to the receiver in respect of any beneficial interest held by the defendant or, as the case may be, the recipient of a gift caught by this
Order as it may direct and it may, on the payment being made, by order transfer, grant or extinguish any interest in the property.
(7)
Subsections (4) to (6) do not apply to property for the time being subject to a charge under section 11.
(8)
The Court shall not in respect of any property exercise the powers conferred by paragraph {a) of subsection (3) or by subsections (5) or (6) unless a reasonable opportunity has been given for persons holding an interest in the property to make representations in the Court.
Application of proceeds of realisation and other sums.