7Time for applications for forfeiture modification orders

#### 7 Time for applications for forfeiture modification orders 7 Time for applications for forfeiture modification orders > > (1) Unless the Supreme Court gives leave for a late application to be made under subsection (2), an application for a forfeiture modification order must be made— > > > > > (a) if the forfeiture rule operates immediately on the death of a deceased person to prevent the offender from obtaining the benefit concerned—within 12 months from the date of the death of the deceased person, or > > > > > (b) if the forfeiture rule subsequently prevents the offender from obtaining the benefit—within 12 months from the date on which the forfeiture rule operates to preclude the offender from obtaining the benefit. > > > (2) The Court may give leave for a late application if— > > > > > (a) the offender concerned is pardoned by the Governor after the expiration of the relevant period, or > > > > > (b) the offender’s conviction is quashed or set aside by a court after the expiration of the relevant period and there are no further avenues of appeal available in respect of the decision to quash or set aside the conviction, or > > > > > (c) the fact that the offender committed the unlawful killing is discovered after the expiration of the relevant period, or > > > > > (d) the Court considers it just in all the circumstances to give leave.