Effect of forfeiture order on conviction

(1) Subject to sub-section (2), where a Court makes a forfeiture order against any property, the property vests absolutely in the Government by virtue of the order. (2) Where property ordered to be confiscated is land– (a) the property vests in the Government in equity but does not vest in the Government at law until the applicable registration requirements under the Registered Land Act or the Law of Property Act, as appropriate, have been complied with; (b) the Government is entitled to be registered as owner of the property; (c) the Director of Public Prosecutions and the Financial Intelligence Unit have power on behalf of the Government to do or authorise the doing of anything necessary or convenient to obtain the registration of the Government as owner, including the execution of any instrument to be executed by a person transferring an interest in property of that kind. (3) Where the Court makes a forfeiture order against (a) the property shall not, except with the leave of the Court and in accordance with any directions of the Court, be disposed of, or otherwise dealt with, by or on behalf of the Government before the relevant appeal date; and (b) if after the relevant appeal date, the order has not been discharged, the property may be disposed of and the proceeds applied or otherwise dealt with in accordance with the directions of the Minister of Finance. (4) In this section“relevant appeal date” used in relation to a forfeiture order made in consequence of a person’s conviction of an offence means– (a) the date on which the period allowed by rules of court for the lodging of an appeal against a person’s conviction or for the lodging of an appeal against the making of a forfeiture order expires without an appeal having been lodged, whichever is the later; or (b) where an appeal against a person’s conviction or against the making of a forfeiture order is lodged, the date on which the appeal lapses in accordance with the rules of court or is finally determined, whichever is the later.