Section 45: Making of confiscation orders.

1 The Court may make a confiscation order requiring a person to pay to the relevant organisation for deposit into the designated account (in this Act referred to as “the Confiscated and Forfeited Properties Account”) as provided under this Act, an amount equal to the total proceeds of a person’s criminal activities, where available if —
a the person has been convicted of an offence;
b the relevant organisation applies for the confiscation order; and
c the Court is satisfied that the person has benefited from—
(i) that offence,
(ii) any other offence of which the person has been convicted at the same trial, and
(iii) any criminal activity which the Court finds to be sufficiently related to those offences.

2 Where a person has been convicted of an offence and the relevant organisation fails to apply for a confiscation order under subsection (1) (b), the Court may, if it —
a considers that it is in the public interest to do so; and
b direct the relevant organisation to apply for the confiscation order.

3 An order made under this section against the person is—
a an order to make a payment to the relevant organisation of any amount that the Court considers appropriate; and
b in addition to any punishment that the Court may impose in respect of the offence or offences that the person has been found guilty of.

4 The Court may make any further orders as it may deem fit to ensure the effectiveness and fairness of the confiscation order.

5 The amount that the Court may order a convicted person to pay to the relevant organisation under subsection (1) shall not exceed—
a the value of the convicted person’s proceeds from the offences or criminal activity, as determined by the Court, in accordance with the provisions of this Act; or
b an amount, which in the Court’s opinion may be realised, if the Court is satisfied that the amount which might be realised as contemplated under this Act is less than the value referred to in paragraph (a) of this subsection.

6 The Court hearing an application under this section may grant leave for extension of time for the application to be made, if it is satisfied that it may be in the interest of justice to allow the application.