2
control of the convicted Crown servant, whether it is in his possession or in the hands of a third party. In introducing the Bill, the Attorney General eloquently argued for the need to introduce this new power. It is necessary for the better administration of justice. While accepting the Attorney General's arguments, the group paid particular attention to the need to protect innocent third parties and the practical aspects of implementation. After lengthy discussion and deliberation, the group is satisfied that subject to certain amendments, the following limitations and safeguards in the Bill provide sufficient protection for innocent third parties
The application for an order for
confiscation must be made by the Attorney
General within 28 days after the
conviction.
Where the assets are held by a third party, then the third party must be given a reasonable opportunity to show cause why the order should not be made.
No order may be made upon assets held by a third party if the third party satisfies the court that an order would be unjust in
the circumstances.
A confiscation order and a monetary penalty order cannot be imposed in respect
of the same assets.
l.c.
l.c.
The third party is given a right of appeal.
Regarding the practical aspects of the implementation of the confiscation order, members asked for a number of clarifications and put forward several useful suggestions.
Ste
The