Ex-parte application for Forfeiture Order and issue of Restraint Order

(1) Subject to sub-section (2), where a person is convicted of an offence under this Act, the court that heard the criminal case may, upon the application of the Director of Public Prosecutions, order that any property– (a) used for or in connection with; or (b) obtained as a result of or in connection with, the commission of the offence be forfeited to the State. (2) Before making a Forfeiture Order, the Court shall give an opportunity to be heard to any person who40 (a) claims to be the owner of the property that is the subject of the Order; or (b) appears to the Court to have an interest in the property that is the subject of the Order. (3) Where the Court is satisfied that the requirements under sub-section (2) have been met, the Court shall grant the (a) a warrant authorising a police officer to search the building, place or vessel for the property that is the subject of the Forfeiture Order and to seize– (i) the property if found; and (ii) any other property in respect of which the police officer has reasonable grounds to believe that the Forfeiture Order under ought to have been made; or (b) a Restraint Order prohibiting any person from disposing of, or otherwise dealing with any interest in, the property, other than as specified in the Restraint Order. (4) A person against whose property an Order under this section is made, may appeal the Order. (5) Property forfeited to the State under sub-section (1) shall vest in the State– (a) if no appeal is made against the Forfeiture Order, within the period for an appeal; or 41 (b) if an appeal is made, on the final determination of the matter, where the decision is made in favour of the State.