Proceeds of Crime Act 1991 No 120 (as at 01 October 2008), Public Act

Act by section

14 Procedure on application
  • (1) Where an application for a confiscation order is made in respect of a person's conviction of a serious offence, the Court may, in determining the application, take into account—

    • (a) Any evidence given in the proceedings taken against that person for the offence, including (but without limiting the generality of the foregoing)—

      • (i) Any documents, exhibits, or other things connected with the proceedings that the Court considers relevant:

      • (ii) Any note or transcript of the evidence admitted in the proceedings:

    • (b) Any sanction imposed pursuant to the person's conviction (whether imposed on sentence or prescribed by law), being a sanction in the nature of a pecuniary penalty or forfeiture of property.

    (2) If an application is made to the Court before which the person is due to appear for sentence, the Court may defer the passing of sentence until it has determined the application for the confiscation order.

    Compare: Proceeds of Crime Act 1987 (Aust), s 18