31Discharge of forfeiture order

31 Discharge of forfeiture order

(1)  A forfeiture order is discharged if the conviction in reliance on which the order was made is subsequently quashed.

(2)  If the court that quashes the conviction also orders a new trial and the property that was subject to the discharged forfeiture order is still subject to a restraining order, the court may extend the period during which that restraining order is in force.

(3)  On the discharge of a forfeiture order, the person whose property was subject to the order may apply in writing to the Attorney-General for its return if it is not subject to a restraining order.

(4)  On receiving the application, the Attorney-General is to –

(a) cause the property to be returned to the applicant if it is still in the possession of the State; or

(b) pay the applicant the amount realised on disposal of the property in any other case.

(5)  The Attorney-General is to give notice of the discharge of a forfeiture order to each authority that registered the order pursuant to section 29 .