Criminal Assets Confiscation Act 2005

A court must, on application by the DPP, make an order (a

a person has been convicted of one or more serious offences and the court is satisfied that the property to be specified in the order is proceeds of one or more of those offences; or

the property to be specified in the order is covered by a restraining order made under section 24(1)(b) that has been in force for at least 6 months and the court is satisfied that the property is proceeds of one or more serious offences committed by the person whose conduct (or suspected conduct) formed the basis of the restraining order; or

the property to be specified in the order is covered by a restraining order made under section 24(1)(c) that has been in force for at least 6 months and the court is satisfied that—

the application for the order alleges that the property is proceeds of one or more serious offences; and

no application has been made under

the DPP has taken reasonable steps to identify and notify persons with an interest in the property.

For the purposes of making an order under subsection (1)(b) or

—

a finding of the court under either of those paragraphs need not be based on a finding as to the commission of a particular serious offence;

the fact that a person has been acquitted of a serious offence with which the person has been charged, or the raising of a doubt as to whether a person engaged in conduct constituting a serious offence, does not affect the court's power to make the order under either of those paragraphs in relation to the offence; and

in relation to an order under subsection (1)(c)—a finding of the court under that paragraph need not be based on a finding that a particular person committed any offence.

A court may, on application by the DPP, make an order (a

a person has been convicted of one or more serious offences the court is satisfied that the property is an instrument of one or more of the offences or is subject to an instrument substitution declaration under section 48; or

the property to be specified in the order is covered by a restraining order made under section 24(1)(b) that has been in force for at least 6 months and the court is satisfied that the property is an instrument of one or more serious offences committed by the person whose conduct (or suspected conduct) formed the basis of the restraining order; or

the property to be specified in the order is covered by a restraining order made under section 24(1)(c) that has been in force for at least 6 months and the court is satisfied that—

the application for the order alleges that the property is an instrument of one or more serious offences; and

no application has been made under

the DPP has taken reasonable steps to identify and notify persons with an interest in the property.

In considering whether it is appropriate to make a forfeiture order under subsection (3) in respect of particular property, the court may have regard to—

any hardship that may reasonably be expected to be caused to any person (other than the suspect) by the operation of the order;

the use that is ordinarily made, or was intended to be made, of the property; and

the gravity of the offence or offences concerned; and

any other matter the court thinks fit.

If evidence is given, at the hearing of an application for a forfeiture order under subsection (3) that relates to a person's conviction for a serious offence, that property was in the possession of a person at the time at which, or immediately after, the person committed a serious offence to which the application relates—

if no evidence is given that tends to show that the property was not used in, or in connection with, the commission of the offence—the court must presume that the property was used in, or in connection with, the commission of the offence; or

in any other case—the court must not make a forfeiture order against the property unless it is satisfied that the property was used or intended to be used in, or in connection with, the commission of the offence.

An application for a forfeiture order under this section that relates to a person's conviction for a serious offence must be made before the end of the period of 6 months after the conviction day.

A court must not, if a person is taken under section 5(1)(d) to have been convicted of a serious offence, make a forfeiture order relating to the person's conviction unless—

the court is satisfied, on the balance of probabilities, that the person has absconded; and

either—

the person has been committed for trial for the offence;

the court is satisfied, having regard to all the evidence before the court, that a reasonable jury, properly instructed, or the Magistrates