Proceeds of Crime Act 2002
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.
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