Criminal Justice Act, 1994
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Realisation of property. |
20.—(1) Where— | |
(a) a confiscation order is made under this Act, | ||
(b) the confiscation order is not subject to appeal, and | ||
(c) the confiscation order has not been satisfied, | ||
the High Court may, on an application by the Director of Public Prosecutions, exercise the powers conferred by subsections (2) to (6) of this section. | ||
(2) The court may appoint a person to be a receiver in respect of realisable property. | ||
(3) The court may empower a receiver appointed under subsection (2) of this section or under section 24 of this Act to take possession of the property subject to such conditions or exceptions as may be specified by the court. | ||
(4) The court may order any person having possession or control of realisable property to give possession of it to the receiver. | ||
(5) The court may empower the receiver to realise any realisable property in such manner as the court may direct. | ||
(6) The court may order any person holding an interest in realisable property to make such payment to the receiver in respect of any beneficial interest held by the defendant or, as the case may be, the recipient of any gift caught by this Act as the court may direct and the court may, on the payment being made, by order transfer, grant or extinguish any interest in the property. | ||
(7) The court shall not, in respect of any property, exercise the powers conferred by subsection (3), (4), (5) or (6) of this section unless a reasonable opportunity has been given for persons holding any interest in the property to make representations to the court. |