34BApplication for tainted property substitution declaration

34B Application for tainted property substitution declaration S. 34B(1) amended by Nos 87/2004 s. 22(1)(f), 68/2009 s. 97(Sch. item 23.25(a)). (1) If an accused is convicted of a Schedule 1 offence, an applicant may apply for a tainted property substitution declaration to— (a) the Supreme Court; or (b) the County Court; or S. 34B(1)(c) amended by No. 68/2009 s. 97(Sch. item 23.25(b)). (c) the court before which the accused was convicted of the offence. (2) The application under subsection (1) must— (a) be made in conjunction with an application for a forfeiture order; and S. 34B(2)(b) amended by Nos 87/2004 s. 22(1)(f), 68/2009 s. 97(Sch. item 23.25(b)). (b) specify property that the accused used or intended to use in or in connection with the commission of the Schedule 1 offence of which the accused is convicted; and (c) specify property which is to be substituted for the property referred to in paragraph (b) that— S. 34B(2)(c)(i) amended by Nos 87/2004 s. 22(1)(f), 68/2009 s. 97(Sch. item 23.25(b)). (i) is property in which the accused had an interest at the time that the Schedule 1 offence was committed; and (ii) is of the same nature or description as the property referred to in paragraph (b). Example to s. 34B(2)(c) amended by No. 68/2009 s. 97(Sch. item 23.26). An accused is convicted of a sexual offence against a child and, in the commission of that offence, the accused used a rented flat although the accused owned a flat at the time. The prosecution may apply to the court for a declaration that the flat owned by the accused is tainted property although the rented flat and the flat owned by the accused are not of equal value. (see section 34C(2)). S. 34C inserted by No. 63/2003 s. 12.