17EAppeal against dismissal of application for exclusion order

#### 17E Appeal against dismissal of application for exclusion order 17E Appeal against dismissal of application for exclusion order > > (1) A person may apply to the Supreme Court for the recovery of the person’s interest in relevant property the subject of an application for an exclusion order— > > > > > (a) made by the person, and > > > > > (b) dismissed by a court other than the Supreme Court or the Court of Criminal Appeal. > > > (2) The appeal must be made within 6 months of the applicant receiving notice of the dismissal. > > > (3) The relevant authority may appear and adduce evidence at the hearing. > > > (4) On hearing the appeal, the Supreme Court must— > > > > > (a) make an order that ownership in the interest in the property vests in the applicant and the interest in the property must be returned to the applicant, or > > > > > (b) otherwise—dismiss the appeal. > > > (5) The Supreme Court must not make an order under subsection (4)(a) unless the Court is satisfied it is more probable than not that— > > > > > (a) the applicant has an interest in the property, and > > > > > (b) the interest in the property is not— > > > > > > > (i) tainted property, or > > > > > > > (ii) if the relevant property relates to a restraining order made under section 43A—unlawfully acquired property. > > **s 17E:** Ins 2022 No 55, Sch 1\[7\].