Page:Organised Crime Act 2015.pdf/67

68 Exclusion of subject's property for undue hardship

66.—(1) On application by a subject within the prescribed time after a confiscation order has been made, the Court may exclude any property held by the subject from the exercise of any realisation power, if the Court is satisfied that, having regard to all of the circumstances, undue hardship is reasonably likely to be caused to the subject if the power is exercised in relation to that property.

(2) The circumstances to which the Court may have regard under subsection (1) include, without limitation—
 * (a) the use that is ordinarily made, or was intended to be made, of the property;
 * (b) the nature and extent of the subject's interest in the property; and
 * (c) the circumstances of the organised crime activity concerned.

(3) Nothing in this section prevents the exercise of any realisation power over property excluded under subsection (1) if—
 * (a) after the exercise of the realisation powers on other property, there is still a debt due to the Government under section 62(4); and
 * (b) the subject agrees to the exercise of those powers over the property excluded under subsection (1) in order to pay all or part of that debt.

Relief for third party

67.—(1) On application by a person other than the subject within the prescribed time after a confiscation order has been made, the Court may grant such relief in relation to the exercise of any realisation power on any property held by that person as the Court considers appropriate if the Court is satisfied that, having regard to all the circumstances, undue hardship is reasonably likely to be caused to the person if the realisation power is exercised in relation to that property.

(2) The circumstances to which the Court may have regard under subsection (1) include, without limitation—