Revised Laws of Saint Lucia (2023)

29Z.   Application to set aside a forfeiture order

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    (1)   A person aggrieved by the forfeiture of money may make an application to the Court for an order setting aside the forfeiture of the money or any part of the money.

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    (2)   An application under subsection (1) must be made before the end of the period of 30 days commencing from the date on which the period for objecting ended.

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    (3)   The Court may give permission for an application to be made after the specified period under subsection (2) has ended if it thinks that there are exceptional circumstances to explain that the applicant—

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      (a)     failed to object to the forfeiture within the period for objecting; and

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      (b)     failed to make an application within the period under subsection (2).

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    (4)   On an application under subsection (1), the Court shall consider whether the money to which the application relates must be forfeited under section 29Y.

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    (5)   Where the Court is satisfied that the money to which the application relates or any part of it could not be forfeited under section 29Y, the Court must set aside the forfeiture of that money or part of the money.

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    (6)   Where the court sets aside the forfeiture of any money—

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      (a)     it must order the release of that money; and

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      (b)     the money is to be treated as not being forfeited.

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    (Inserted by Act 18 of 2023)