Section 19: Confiscation Order

19. Confiscation Order (1) Where the Enforcement Authority makes an application under section 17, and the Court is satisfied that the defendant has benefited from an offence or any other unlawful activity which the Court finds to be sufficiently related to that offence, it shall, subject to section 21, make a Confiscation Order, ordering him to pay to the State, within such time as it may determine, an amount equal to the value of his benefit. (2) The Court shall assess the value of the benefit which the defendant has derived in accordance with sections 20 and 21. (3) Where the Court makes a Confiscation Order— (a) the Order shall not, except with the leave of the Court and in accordance with any directions of the Court, be enforced before the relevant appeal date; and (b) if, after the relevant appeal date, the Order has not been set aside or discharged, the Order may be enforced and any amount recovered applied in accordance with this Sub-Part and any directions given by the Court. (4) In subsection (3), “relevant appeal date” means— (a) the date on which the period prescribed for the lodging of an appeal against the defendant’s conviction before a trial court, or for the lodging of an appeal against the making of a Confiscation Order, expires without an appeal having been lodged, whichever is the later; or (b) where an appeal against the defendant’s conviction before the trial court or against the making of a Confiscation Order is lodged, the date on which the appeal lapses in accordance with the law or is finally determined, whichever is the later. [S. 19 amended by s. 11 of Act 24 of 2012 w.e.f. 10 November 2012.]