Section 8
of Drug Trafficking (Recovery of Proceeds) Act
Section 8
(1)
Where an application has been made for a confiscation order, any person who asserts an interest in the property may apply to the court, before the confiscation order is made, for an order under subsection (2).
(2)
If a person applies to the court for an order under this subsection in respect of his interest in the property and the court is satisfied —
(a)
that he was not in any way involved in the defendant’s drug trafficking; and
(b)
that he acquired the interest —
(i)
for sufficient consideration; and
(ii)
without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was, at the time he acquired it, property that was involved in drug trafficking, the court shall make an order declaring the nature, extent and value (as at the time the order is made) of his interest.
(3)
Subject to subsection (4), where a confiscation order has already been made, a person who asserts an interest in the property may apply under this subsection to the court for an order under subsection (2).
(4)
A person who —
(a)
had knowledge of the application for the confiscation order before the order was made; or
(b)
appeared at the hearing of that application,
Drug Trafficking
(Recovery of Proceeds)
B.L.R.O. 1/2000 17
shall not be permitted to make an application under subsection (3), except with the leave of the court.
(5)
A person who makes an application under subsection (1) or (3)
shall give not less than 7 days written notice of the making of the application to the Public Prosecutor who shall be a party to any proceeding on the application.
ENFORCEMENT, ETC., OF CONFISCATION ORDERS
Application of procedure for enforcing fines.