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Proceeds of Crime Act, 2002

Proceeds of Crime Act, 2002

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s. 24CAP. 143<strong>Proceeds</strong> <strong>of</strong> <strong>Crime</strong> L.R.O. 1991 28(2) Without prejudice to the generality <strong>of</strong> subsection (1) theCourt may have regard to(a) shareholdings in, debentures over or directorships in anycompany that has an interest, whether direct or indirect, inthe property; and for this purpose the Court may order theinvestigation and inspection <strong>of</strong> the books <strong>of</strong> a namedcompany;(b) any trust that has any relationshipto the property;(c) any relationship whatsoever between persons having aninterest in the property or in companies <strong>of</strong> the kindreferred to in paragraph (a) or trust <strong>of</strong> the kind referred toin paragraph (b), and any other persons.(3) Where the Court, for the purposes <strong>of</strong> making aconfiscation order against a person, treats particular property asthe person’s property pursuant to subsection (l), the Court may,on application by the Director <strong>of</strong> Public Prosecutions, make anorder declaring that the property is available to satisfy the order.(4) Where the Court declares that property is available tosatisfy a confiscation order(a) the order may be enforced against the property as if theproperty were property <strong>of</strong> the person against whom theorder is made; and(b) a restraining order may be made in respect <strong>of</strong> the propertyas if the property were property <strong>of</strong> the person againstwhom the order is made.(5) Where the Director <strong>of</strong> Public Prosecutions makes anapplication for an order under subsection (3) that property isavailable to satisfy a confiscation order against a person(a) the Director <strong>of</strong> Public Prosecutions shall give writtennotice <strong>of</strong> the application to the person and to any personwho the Director <strong>of</strong> Public Prosecutions has reason tobelieve may have an interest on the property; and(b) the person and any person who claims an interest in theproperty may appear and adduce evidence at the hearing.EnfOrCe- 24. Where the Court orders a person to pay an amount under ament <strong>of</strong>confiscation order the provisions <strong>of</strong> section 16 shall apply withcaliiscatiatorders.such modifications as the Court may determine for the purpose <strong>of</strong>

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