Criminal benefits declarations for unlawfully acquired property, making
17 Criminal benefits declarations for unlawfully acquired property, making
On hearing an application under section 15(1), the court must declare that the respondent has acquired a criminal benefit if it is more likely than not that —
the property, service, advantage or benefit described in the application is a constituent of the respondent’s wealth; and
the property, service, advantage or benefit was not lawfully acquired.
If the respondent has been convicted of a confiscation offence, or it is more likely than not that the respondent is or has been involved in the commission of a confiscation offence, then it is presumed that the property, service, advantage or benefit was not lawfully acquired unless the respondent establishes the contrary.
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