Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-3 - FORFEITURE ON CONVICTION OF A SERIOUS OFFENCE  

Division 4 - The effect on forfeiture of convictions being quashed  

SECTION 109   Procedure on application for confirmation of forfeiture  

109(1)    
Any person who claims an * interest in property covered by the forfeiture may appear and adduce evidence at the hearing of the application for confirmation of the forfeiture.

109(2)    
The court may, in determining the application, have regard to:

(a) the transcript of any proceeding against the person for:

(i) the offence of which the person was convicted; or

(ii) if the person was taken to be convicted of that offence because of paragraph 331(1)(c) - the other offence referred to in that paragraph;

including any appeals relating to the conviction; and

(b) the evidence given in any such proceeding.