Protection of third parties

(1) Where an application is made for a forfeiture order against property, a person who claims an interest in the property may apply to the Court, before the forfeiture order is made, for an order under sub-section (2). (2) If a person applies to the Court for an order under this section in respect of property and the Court is satisfied on a balance of probabilities– (a) that he was not in any way involved in the commission of the offence; and (b) where he acquired the interest during or after the commission of the offence, that he acquired the interest– (i) for sufficient consideration; and (ii) without knowing, and in circumstance such as not to arouse a reasonable suspicion that the property was, at the time he acquired it, property that was the Court shall make an order declaring that his interest shall not be affected by the forfeiture order. (3) Subject to sub-section (4), where a forfeiture order has already been made directing the forfeiture of property, a person who claims an interest in the property may, before the end of the period of 6 months commencing on the day on which the forfeiture order is made, apply under this sub-section to the Court for an order under sub-section (2). (4) A person who– (a) had knowledge of the application for the forfeiture order before the order was made; or (b) appeared at the hearing of that application, shall not be permitted to make an application under sub-section (3) except with leave of the Court. (5) A person who makes an application under sub-section (1) or (3), shall give no less than 14 days written notice of the making of the application to the Director of Public Prosecutions or the Financial Intelligence Unit who shall be a party to any proceedings in the application. (6) An applicant, the Director of Public Prosecutions or the Financial Intelligence Unit, as the case may be, in accordance with the rules of court, may appeal against an order made under sub-section (2). (7) Any person appointed by the Court as a custodian or receiver for property shall, on application by any person who has obtained an order under sub-section (2), and where the period allowed by the rules of court with respect to the making of appeals has expired and any appeal from that order has been determined– (a) direct that the property or part thereof to which the interest of the applicant relates, be returned to the applicant; or 114[CAP. 104 Money Laundering and Terrorism (Prevention) (b) direct that an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant.