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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 54
Presumption in certain cases that property is an instrument of an offence
If:
- (a)
- the * DPP applies for:
- (i)
- a * forfeiture order under section 47 or 49 against particular
property in relation to a person's commission of a * terrorism 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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