Proceeds of Crime Act 2002
The court hearing an application for a * forfeiture order may amend the application:
(a) on application by the *responsible authority; or
(b) with the consent of the authority.
View history note
Hide history note62(2)
However, the court must not amend the application to include additional property in the application unless:
(a) the court is satisfied that:
(i) the property was not reasonably capable of identification when the application was originally made; or
(ii) necessary evidence became available only after the application was originally made; or
(b) the * forfeiture order applied for is an order under section 47 or 49 and the court is satisfied that:
(i) including the additional property in the application for the order might have prejudiced the investigation of, or the prosecution of a person for, an offence; or
(ii) it is for any other reason appropriate to grant the application to amend.
62(3)
On applying for an amendment to include additional property in the application, the *responsible authority must give written notice of the application to amend to any person whom the authority reasonably believes may have an * interest in that additional property.
62(4)
If the * forfeiture order applied for is an order under section 48 , any person who claims an * interest in that additional property may appear and adduce evidence at the hearing of the application to amend.
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