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 111   Effect of court ' s decision on confirmation of forfeiture  

111(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.

111(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.

111(3)    
If the court decides not to confirm the forfeiture, the forfeiture ceases to have effect.