Page:Organised Crime Act 2015.pdf/47

48 Transfer of case to trial court to make OCPO or FRO upon conviction on appeal

36.—(1) Where—
 * (a) a person (A) is acquitted of a Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13;
 * (b) upon an appeal against the acquittal, A is subsequently convicted by an appellate court; and
 * (c) the Public Prosecutor informs the appellate court that it intends to make an application for an OCPO or FRO against A,

the appellate court which convicted A may order the case to be transferred to the trial court for the application to be made.

(2) Where any case is transferred to the trial court under subsection (1), any application for an OCPO or FRO to the trial court in relation to A is deemed to be an application made under section 15(2) or 21(2), respectively.

Evidence obtained in investigations may be used in proceedings for OCPO or FRO

37. To avoid doubt, any book, document, statement or other information obtained in the exercise of any power under this Act or any other written law, is not inadmissible in any proceedings relating to an OCPO or FRO by reason only that it was first obtained in the exercise of that power; and the admissibility of such matter is to be determined in accordance with the rules of evidence under any written law and any relevant rules of law.

Disclosure of information in accordance with orders

38. A person who complies with a requirement imposed by an OCPO or FRO to answer questions, provide information or produce documents, does not breach—
 * (a) any obligation of confidence; or