22AASubstituted serious crime use property declaration

22AA Substituted serious crime use property declaration

22AA Substituted serious crime use property declaration

(1) The Commission may apply to the Supreme Court for a substituted serious crime use property declaration against a person.

(2) A substituted serious crime use property declaration is a declaration to the effect that an interest in property (or a combination of interests in properties) of a person who has engaged in serious crime related activity is available for forfeiture instead of serious crime use property that was used in, or in connection with, that activity.

(3) Any such application may be made—

(a) in conjunction with an application for a restraining order or assets forfeiture order, or

(b) in proceedings under section 24, 25 or 26, or

(c) at any other time.

(4) If the Commission applies for a substituted serious crime use property declaration in respect of an interest in property (or a combination of interests in properties) of a person—

(a) the Commission must give written notice of the application to the person and to any other person the Commission has reason to believe may have an interest in the property or properties concerned, and

(b) the person, and any other person who claims an interest in the property or properties concerned, may appear and adduce evidence at the hearing of the application, and

(c) the Supreme Court may, at any time before the final determination of the application, direct the Commission to give or publish notice of the application to a specified person or class of persons, in the manner and within the time that the Court considers appropriate.

(5) The Supreme Court must make a substituted serious crime use property declaration against a person if the Court finds that it is more probable than not that—

(a) the person has engaged in serious crime related activity, and

(b) the activity has resulted in particular property becoming serious crime use property for the purposes of this Act, and

(c) the serious crime use property is not available for forfeiture as referred to in section 9B (3).