(1) The court that made the ^* restraining order referred to in paragraph 92(1)(b) may make an order excluding particular property from forfeiture under this Part if:

(a)

the person referred to in paragraph 92(1)(a) applies for an order under this section; and

(b)

the property is covered by the restraining order; and

(c)

the person owns the property; and

(d)

the person has been convicted of a ^* serious offence to which the restraining order relates; and

(e)

the court is satisfied that the property is neither ^* proceeds of ^* unlawful activity nor an ^* instrument of unlawful activity; and

(f)

the court is satisfied that the defendant's interest in the property was lawfully acquired.

(2) To avoid doubt, an order under this section cannot be made in relation to property if the property has already been forfeited under this Part. (3) The person must give written notice to the ^* DPP of both the application and the grounds on which the order is sought. (4) The ^* DPP may appear and adduce evidence at the hearing of the application. (5) The ^* DPP must give the applicant notice of any grounds on which it proposes to contest the application.