111Effect of court’s decision on confirmation of forfeiture

111 Effect of court’s decision on confirmation of forfeiture

(1) If the court confirms the forfeiture under paragraph 110(1)(a), the forfeiture is taken not to be affected by the *quashing of the person’s conviction of the offence. (2) If the court confirms the forfeiture under paragraph 110(1)(b): (a) to the extent that the property covered by the forfeiture is: (i) in any case—*proceeds of the offence; or (ii) if the offence is a *serious offence—an *instrument of the offence; the forfeiture is taken not to be affected by the *quashing of the person’s conviction of the offence; but (b) to the extent that the property covered by the forfeiture is: (i) in any case—not proceeds of the offence; and (ii) if the offence is a serious offence—not an instrument of the offence; the forfeiture ceases to have effect. (3) If the court decides not to confirm the forfeiture, the forfeiture ceases to have effect.