Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 3 - How forfeiture orders are obtained  

SECTION 62   Amending an application  

62(1)  
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.

62(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(i) the property was not reasonably capable of identification when the application was originally made; or

(ii) necessary evidence became available only after the application was originally made; or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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