50. Amendment of section 56

Section 56 of the principal Act is amended—

(a)

by substituting for subsection (1) the following subsection:

“(1) Subject to section 61, where in respect of any property seized under this Act there is no prosecution or conviction for an offence under subsection 4(1) or a terrorism financing offence, the Public Prosecutor may, before the expiration of twelve months from the date of the seizure, or where there is a freezing order, twelve months from the date of the freezing, apply to a judge of the High Court for an order of forfeiture of that property if he is satisfied that such property is—

(a)

the subject-matter or evidence relating to the commission of such offence;

(b)

terrorist property;

(c)

the proceeds of an unlawful activity; or

(d)

the instrumentalities of an offence.”;

(b)

in subsection (2), by substituting for paragraph (a) the following paragraph:

“(a) that the property is—

(i)

the subject-matter or evidence relating to the commission of an offence under subsection 4(1) or a terrorism financing offence;

(ii)

terrorist property;

(iii)

the proceeds of an unlawful activity; or

(iv)

the instrumentalities of an offence; and”;

and

(c)

by substituting for subsection (4) the following subsection:

“(4) In determining whether the property is—

(a)

the subject-matter or evidence relating to the commission of an offence under subsection 4(1) or a terrorism financing offence;

(b)

terrorist property;

(c)

the proceeds of an unlawful activity; or

(d)

the instrumentalities of an offence, the court shall apply the standard of proof required in civil proceedings.”.

Report

Read on from s 51