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Crime (Confiscation of Profits) Act 1993
11Applications
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### 11 Applications
> > (1) If a person is convicted of a serious offence, an authorized officer may apply to an appropriate court for either or both of the following orders:
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> > > > (a) a forfeiture order against property that is tainted property in respect of the offence;
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> > > > (b) a pecuniary penalty order against the person in respect of benefits, including any commercial benefits, derived by the person from the commission of the offence.
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> > (2) Except as provided by [subsection (3)](#GS11@Gs3@EN) , an application under [subsection (1)](#GS11@Gs1@EN) is to be made before the end of the relevant application period in relation to the conviction.
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> > (3) An application under [subsection (1)](#GS11@Gs1@EN) may be made at any time after the end of the relevant application period in relation to the conviction if the application relates exclusively to commercial benefits.
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> > (4) An application under [subsection (1)](#GS11@Gs1@EN) [(b)](#GS11@Gs1@Hpb@EN) may be made in relation to one or more serious offences.
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> > (5) If an application under [subsection (1)](#GS11@Gs1@EN) has been finally determined, no further application is to be made under that subsection in relation to the same conviction except with the leave of the Supreme Court.
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> > (6) The Supreme Court is not to grant leave under [subsection (5)](#GS11@Gs5@EN) unless it is satisfied that –
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> > > > (a) the tainted property or the benefit to which the further application relates was identified only after the first application was finally determined; or
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> > > > (b) necessary evidence became available only after the first application was finally determined; or
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> > > > (c) it is otherwise in the interests of justice to grant the leave.