11 Unexplained wealth declarations, applying for
(1) The DPP or the CCC may apply to the court for an unexplained wealth declaration against a person.
(2) An application may be made in conjunction with an application for a freezing order, in proceedings for the hearing of an objection to confiscation, or at any other time.
[Section 11 amended: No.10 of 2018 s.28.]
12 Unexplained wealth declarations, making
(1) On hearing an application under section 11(1), the court must declare that the respondent has unexplained wealth if it is more likely than not that the total value of the respondent’s wealth is greater than the value of the respondent’s lawfully acquired wealth.
(2) Any property, service, advantage or benefit that is a constituent of the respondent’s wealth is presumed not to have been lawfully acquired unless the respondent establishes the contrary.
(3) Without limiting the matters to which the court may have regard, for the purpose of deciding whether the respondent has unexplained wealth, the court may have regard to the amount of the respondent’s income and expenditure at any time or at all times.
(4) When making a declaration, the court is to —
assess the value of the respondent’s unexplained wealth in accordance with section 13; and
specify the assessed value of the unexplained wealth in the declaration.
(5) The court may make any necessary or convenient ancillary orders.
[Section 12 amended: No. 10 of 2018 s. 29.]
13 Unexplained wealth, assessing value of
(1) The value of the respondent’s unexplained wealth is the amount equal to the difference between —
the total value of the respondent’s wealth; and
(b) the value of the respondent’s lawfully acquired wealth.
(2) For the purposes of subsection (1), the value of any property, service, advantage or benefit that has been given away, used, consumed or discarded, or that is for any other reason no longer available, is the greater of —
its value at the time that it was acquired; and
its value immediately before it was given away, or was used, consumed or discarded, or stopped being available.
(3) The value of any other property, service, advantage or benefit is the greater of —
its value at the time that it was acquired; and
its value on the day that the application for the unexplained wealth declaration was made.
(4) However, when assessing the value of the respondent’s unexplained wealth, the court is not to take account of —
any property that has been confiscated under this Act or any other enactment; or
any property, service, advantage or benefit that was taken into account for the purpose of making an earlier unexplained wealth declaration against the respondent; or
any property, service, advantage or benefit in relation to which a criminal benefits declaration has been made.
14 Unexplained wealth declaration, effect of
When the court makes an unexplained wealth declaration, the respondent is liable to pay to the State an amount equal to the amount specified in the declaration as the assessed value of the respondent’s unexplained wealth.
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102 Proceedings, general provisions about
(1) Proceedings on an application under this Act are taken to be civil proceedings for all purposes.
(2) Except in relation to an offence under this Act —
a rule of construction that is applicable only in relation to the criminal law does not apply in the interpretation of this Act; and
the rules of evidence applicable in civil proceedings apply in proceedings under this Act; and
the rules of evidence applicable only in criminal proceedings do not apply in proceedings under this Act; and
a question of fact to be decided by a court in proceedings on an application under this Act is to be decided on the balance of probabilities.
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144 Term used: unexplained wealth
(1) For the purposes of this Act, a person has unexplained wealth if the value of the person’s wealth under subsection (2) is greater than the value of the person’s lawfully acquired wealth under subsection (3).
(2) The value of the person’s wealth is the amount equal to the sum of the values of all the items of property, and all the services, advantages and benefits, that together constitute the person’s wealth.
(3) The value of the person’s lawfully acquired wealth is the amount equal to the sum of the values of each item of property, and each service, advantage and benefit, that both is a constituent of the person’s wealth and was lawfully acquired.
