128
CurrentProcedure on application for confirmation of confiscation order under this Part
Part 5Other confiscation orders
Division 3Matters generally applicable to orders under this Part
Subdivision 5Effect of acquittals and quashing of convictions
128 Procedure on application for confirmation of confiscation order under this Part
(1)
The person who is the subject of a confiscation order under this Part may appear and adduce evidence at the hearing of the application for confirmation of the order.
(2)
The court may, in determining the application, have regard to—
(a)
the transcript of any proceeding against the person for—
(i)
the serious offence of which the person was convicted; or
(ii)
if the person was taken to be convicted of the serious offence because of section 5(1)(c)—the other offence referred to in that paragraph, including any appeals relating to the conviction; and
(b)
any evidence given in the proceeding.
This Act’s bill:Second reading speech
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