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Confiscation of Criminal Assets Act 2003
77AMaking of exclusion orders—unexplained wealth
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77A Making of exclusion orders—unexplained wealth
(a) an unexplained wealth restraining order has been applied for in
relation to the property; or
(b) the property has been restrained under an unexplained wealth
(2) If the application is made by the person in relation to whom the
unexplained wealth restraining order has been made or is sought (the
relevant person), the relevant court must not make an exclusion order
for the property unless the court is satisfied that the property—
(a) was lawfully acquired by the relevant person; and
(c) is not required to be restrained to satisfy an unexplained wealth
order; and
(d) does not have evidentiary value in any criminal proceeding.
(3) If the application is made by someone other than the relevant person,
the court must not make an exclusion order for the property unless it
(b) the applicant was not a party to the relevant serious criminal
activity or any related serious criminal activity; and
(c) the interest is not subject to the effective control of the relevant
(d) the interest is not tainted property in relation to a serious offence;
and
indirectly, from the relevant person—the interest was acquired
acquired by the applicant; and
(4) An exclusion order must state the property to which it applies.