Money Laundering and Proceeds of Crime Act Act No. 4/2013 PART III CONFISCATION ORDERS 50 Application for confiscation orders (1) Where a person is convicted of a serious offence, the Attorney-General may apply to the court for a confiscation against property that is identified as tainted property or terrorist property in relation to that offence. (2) Except with the leave of the court, the Attorney-General must make an application under subsection (1) within six months of the date upon which a person was convicted of the offence. (3) A court shall grant leave under subsection (2) only if it is satisfied that— (a) the property to which the application relates was derived, realised or identified after the period referred to in subsection (1); or (b) the application is based upon evidence that could not reasonably have been obtained by the Attorney-General before the period referred to in subsection (1); and it is otherwise in the interest of justice to do so. (4) The Attorney-General may amend an application for a confiscation order at any time prior to the final determination of the application by the court, providing that reasonable notice of the amendment is given to affected persons. (5) Where an application under this section has been finally determined, the AttorneyGeneral may not make a further application for a confiscation order in respect of the same offence without the leave of the court. (6) A court shall grant leave under subsection (5) only if it is satisfied that— (a) the property to which the new application relates was identified after determination of the previous application; or (b) necessary evidence became available after the previous application was determined and it is otherwise in the interest of justice to do so. (7) A further application under this section may not be made later than six years after the date of the final determination of the previous application under this section. 51 Application for confiscation order in cases where concerned person absconds or dies (1) A person will be taken to have been convicted of an offence for purposes of section 50 when the court, on application by the Attorney-General, is satisfied under subsection (3) that the person should be taken to have been convicted and that this Chapter should apply to him or her. (2) The Attorney-General may make an application to the court for the determination under subsection (1) that a specified person shall be taken to be convicted. (3) The court may grant an application under subsection (2) where it is satisfied that— (a) a person was charged with an offence, a warrant for his or her arrest was issued in relation to the charge, and reasonable attempts to arrest the person pursuant to the warrant have been unsuccessful during the period of six months commencing on the day the warrant was issued; or (b) a person was charged with the offence but died without the charge having been determined; and, having regard to all the evidence before the court, that such evidence is of sufficient weight to support a conviction for the offence. (4) For the purposes of subsection (3)(a), a person shall be taken to have been convicted on the last day of the period referred to in that subsection. - 42 -