Page:Organised Crime Act 2015.pdf/68

Rh :(a) the use that is ordinarily made, or was intended to be made, of the property;
 * (b) the nature and extent of the person’s interest in the property;
 * (c) the degree, if any, to which the person had knowledge of the organised crime activity concerned; and
 * (d) the circumstances of the organised crime activity concerned.

(3) On application by a person other than the subject within the prescribed time after a confiscation order has been made, the Court must grant such relief in relation to the exercise of any realisation power on property held by that person as the Court considers appropriate, if the Court is satisfied that—
 * (a) the person was not in any way involved in the organised crime activity concerned;
 * (b) the person had acquired the interest without knowing, and in circumstances that would not have aroused a reasonable suspicion, that the subject was involved in organised crime activity or the property were the benefits of such activity (if applicable); and
 * (c) the person had acquired the interest for sufficient consideration.

(4) The Court is to exercise its power under subsection (3) with a view to allowing the person to retain or recover such value of any property held by the person.

(5) Regulations may be made under this Act for defining the value of property for the purposes of subsection (4).

Compensation

68.—(1) If—
 * (a) no proceedings under Division 3 are instituted against the subject or such proceedings are withdrawn;
 * (b) such proceedings are instituted but the Court refuses to make a confiscation order against the subject; or