Proceeds of Crime Act 2002
Note:
In addition to this Division, section 44 provides for property to be excluded from a restraining order on the giving of satisfactory security.
SECTION 31 Application to exclude property from a restraining order after restraining order has been made 31(1)A person may apply for an order under section 29 or 29A if a *restraining order that covers property in which the person claims an *interest has been made.
View history note
Hide history note31(1A)
An application under subsection (1):
(a) must be made to the court that made the *restraining order; and
(b) may be made at any time after the restraining order is made.
31(2)
However, unless the court gives leave, the person cannot apply if he or she:
(a) was notified of the application for the * restraining order, but did not appear at the hearing of that application; or
(b) appeared at the hearing of that application.
31(3)
The court may give the person leave to apply if the court is satisfied that:
(a) if paragraph (2)(a) applies - the person had a good reason for not appearing; or
(b) if paragraph (2)(b) applies - the person now has evidence relevant to the person ' s application that was not available to the person at the time of the hearing; or
(c) in either case - there are other special grounds for granting the leave.
31(4)
The person must give written notice to the *responsible authority of both the application and the grounds on which the exclusion is sought.
31(5)
The *responsible authority may appear and adduce evidence at the hearing of the application.
31(6)
The *responsible authority must give the person notice of any grounds on which it proposes to contest the application. However, the authority need not do so until it has had a reasonable opportunity to conduct *examinations in relation to the application.
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