Forfeiture order on conviction

(1) Where, upon application by the Director of Public Prosecutions or the Financial Intelligence Unit, the Court is satisfied that a property is tainted property in respect of an offence of which a person has been convicted, the Court may order that specified property to be forfeited. (2) In determining whether property is tainted property the Court may infer, in the absence of evidence to the contrary– (a) that the property was used in or in connection with the commission of an offence if it was in the person’s possession at the time of, or immediately after the commission of the offence for which the person was convicted; or (b) that the property was derived, obtained or realised as a result of the commission of the offence if it was acquired by the person before, during or within six years after the period of the commission of the offence of which the person was convicted, and the Court is satisfied that the income of that person from sources unrelated to criminal activity of that person cannot reasonably account for the acquisition of that property. (3) Where the Court orders that property, other than money, be forfeited, the Court shall specify in the order the amount that it considers to be the value of the property at the time when the order is made. (4) In considering whether a forfeiture order should be made under sub-section (1) the Court shall have regard to110[CAP. 104 Money Laundering and Terrorism (Prevention) (a) the rights and interests, if any, of third parties in the property; (b) the gravity of the serious crime concerned; (c) any hardship that may reasonably be expected to be caused to any person by the operation of the order; and (d) the use that is ordinarily made of the property, or the use to which the property was intended to be put. (5) Where the Court makes a forfeiture order, the Court may give such directions as are necessary or convenient for giving effect to the order.