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Confiscation of Criminal Assets Act 2003
24Setting aside dealings with restrained property
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24 Setting aside dealings with restrained property
(1) The DPP may apply to a relevant court for an order that a dealing with
restrained property be set aside if—
(a) the dealing was in contravention of the restraining order; and
(b) the dealing—
(i) was not for sufficient consideration; or
(ii) transferred property to a person who was not acting
honestly; or
(iii) transferred property to a person who did not take
reasonable care to establish that the property may be
lawfully acquired by the person.
(2) On application under subsection (1), the court may make an order
setting aside a dealing with property in contravention of a restraining
(3) The order may be expressed to take effect on—
(a) the day when the dealing took place; or
(b) the day when the order setting aside the dealing is made.
(4) If the court makes an order mentioned in subsection (3) (b), the court
must declare the rights of anyone who acquired an interest in the
property on or after the day of the dealing and before the day the order
is made.
Note 1 For general provisions about a proceeding for a restraining order (which