20Effects of forfeiture orders on third parties

20 Effects of forfeiture orders on third parties

20 Effects of forfeiture orders on third parties

(1) If, in reliance on the conviction of a person for a serious offence, a court makes a forfeiture order in respect of property, any other person (in this section referred to as the applicant) who claims an interest in the property may, at any time within the period of 6 months after the day on which the forfeiture order was made, apply to the court for an order under this section in respect of that interest.

(2) If the court to which the application is made is satisfied, on the balance of probabilities, that—

(a) the applicant was not, in any way, involved in the commission of the relevant serious offence, and

(b) if the applicant acquired the interest at the time of or after the commission of the offence, the applicant acquired the interest—

(i) for sufficient consideration, and

(ii) without knowing, and in circumstances that would not arouse a reasonable suspicion, that the property was, at the time of the acquisition, tainted property,

the court shall make an order declaring the nature, extent and value of the applicant’s interest in the property and—

(c) if the property is still in the possession of the State—directing that the property be transferred to the applicant or declaring that there is payable to the applicant the amount specified in the order as the value of the applicant’s interest in the property, or

(d) in any other case—declaring that there is payable to the applicant the amount specified in the order as the value of the applicant’s interest in the property.

(3) In deciding, for the purpose of subsection (2) (c), whether to direct that property be transferred to an applicant or to declare that an amount is payable to an applicant, the court shall have regard to—

(a) the nature, extent and value of the applicant’s interest in the property, and

(b) if the court is aware that any other person claims an interest in the property—the nature, extent and value of that claimed interest, and

(c) any other matter that seems to the court to be relevant.

(4) A person who applies to a court for an order under this section shall give notice, as prescribed by the regulations or by rules of court, of the making of the application and of the date, time and place fixed for the hearing of the application.