Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 2 - Other relevant matters when a court is considering whether to make forfeiture orders  

SECTION 54  

54   Presumption in certain cases that property is an instrument of an offence  

If:

(a) a *proceeds of crime authority applies for:

(i) a * forfeiture order under section 47 or 49 against particular property in relation to a person ' s commission of a *serious offence; or

(ii) a forfeiture order under section 48 against particular property in relation to a person ' s conviction of an * indictable offence; and

(b) evidence is given, at the hearing of the application, that the property was in the person ' s possession at the time of, or immediately after, the person committed the offence;

then:

(c) if no evidence is given that tends to show that the property was not used in, or in connection with, the commission of the offence - the court must presume that the property was used in, or in connection with, the commission of the offence; or

(d) in any other case - the court must not make a forfeiture order against the property unless it is satisfied that the property was used or intended to be used in, or in connection with, the commission of the offence.