Pecuniary penalty order on conviction

(1) Subject to this section, where the Director of Public Prosecutions or the Financial Intelligence Unit applies to the Court for a pecuniary penalty order against a person in respect of that person’s offence, the Court shall, if it is satisfied that the person has benefited from that offence, order him to pay to the Government an amount equal to the value of his benefit from the offence or such lesser amount as the Court certifies in accordance with section 60 (2), to be the amount that might be realised at the time the pecuniary penalty order is made. (2) The Court shall assess the value of the benefits derived by a person from the commission of an offence in accordance with sections 58, 59, 60, and 61. (3) The Court shall not make a pecuniary penalty order under this section– (a) until the period allowed by the rules of court for the lodging of an appeal against conviction has expired without such appeal having been lodged; or (b) where an appeal against conviction has been lodged, until the appeal lapses in accordance with the rules of court or is finally determined, whichever is the later date. 118[CAP. 104 Money Laundering and Terrorism (Prevention)