Section 17: Application for Order under this Sub-Part

17. Application for Order under this Sub-Part (1) (a) Where a person is convicted of an offence, the Enforcement Authority may apply to the Court for a Confiscation Order in respect of the benefit derived or likely to be derived by the person from that offence or from any other unlawful activity which the Court finds to be sufficiently related to that offence. (b) The Enforcement Authority shall attach to the application a statement setting out an assessment of the value of the benefit obtained or likely to be obtained by the defendant. (c) The Court may require a defendant served with a copy of a statement under paragraph (b) to respond to each averment in it and, in so far as he does not accept any averment, to indicate on oath any facts upon which he proposes to rely. (2) Except with the leave of the Court, the Enforcement Authority shall make an application under subsection (1) within 6 months of the date on which a person was convicted of the offence. (3) The Court shall only grant leave under subsection (2) where it is satisfied that— (a) the benefit to which the application relates was, or is likely to be, derived, realised or identified after the period referred to in subsection (2); or [Issue 5] A23A – 12 Revised Laws of Mauritius (b) the application is based on evidence that could not reasonably have been obtained by the Enforcement Authority before the period referred to in subsection (2); and (c) it is in the interests of justice to do so. (4) The Enforcement Authority may amend an application for a Confiscation Order at any time before the final determination of the application by the Court, provided that reasonable notice of the amendment is given to every person on whom the application has been served. (5) Where an application is made for a Confiscation Order, the Court may, in determining the application, have regard to any evidence received in the course of the proceedings against the person convicted before the trial Court and to any other relevant evidence gathered in the course of an Investigation. (6) (a) Where an application under this section has been finally determined, the Enforcement Authority may not make a further application for a Confiscation Order in respect of the same offence without the leave of the Court. (b) The Court shall not grant leave under paragraph (a) unless— (i) the further application is made not more than 6 years after the final determination; and (ii) the benefit to which the new application relates was identified after the determination of the previous application; or (iii) the Court is satisfied that— (A) necessary evidence became available after the previous application was determined; (B) the benefit to which the further application relates was identified after the final determination; or (C) it is otherwise in the interests of justice to do so. (7) — [S. 17 amended by s. 10 of Act 24 of 2012 w.e.f. 10 November 2012.]