Protection of rights of third party
13.—(1)  Where an application is made for a confiscation order under section 4 or 5, a person who asserts an interest in the property may apply to the court, before the confiscation order is made, for an order under subsection (2).
[25/99]
(2)  If a person applies to the court for an order under this subsection in respect of his interest in property and the court is satisfied —
(a)that he was not in any way involved in the defendant’s drug trafficking or criminal conduct, as the case may be; and
(b)that he acquired the interest —
(i)for sufficient consideration; and
(ii)without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was, at the time he acquired it, property that was involved in or derived from drug trafficking or criminal conduct, as the case may be,
the court shall make an order declaring the nature, extent and value (as at the time the order is made) of his interest.
[25/99]
(3)  Subject to subsection (4), where a confiscation order has already been made, a person who asserts an interest in the property may apply under this subsection to the court for an order under subsection (2).
(4)  A person who —
(a)had knowledge of the application under section 4 or 5 for the confiscation order before the order was made; or
(b)appeared at the hearing of that application,
shall not be permitted to make an application under subsection (3) except with the leave of the court.
[25/99]
(5)  A person who makes an application under subsection (1) or (3) shall give not less than 7 days’ written notice of the making of the application to the Public Prosecutor who shall be a party to any proceedings on the application.
[15/2010 wef 02/01/2011]
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