(1) Where an application is made for a forfeiture order against property, a person who claims an interest in the property may apply to the Court, before the forfeiture order is made, for an order under subsection (2).
(2) If a person applies to the Court for an order under this section in respect of his or her interest in property and the Court is satisfied on a balance of probabilities—
(a) that he or she was not in any way involved in the commission of the offence; and
(b) where he or she acquired the interest during or after the commission of the offence, that he or she acquired the interest—
(i) for sufficient consideration, and
(ii) without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was, at the time he or she acquired it, property that was tainted property,
the Court shall make an order declaring the nature, extent and value (as at the time the order is made) of his or her interest.
(3) Subject to subsection (4), where a forfeiture order has already been made directing the forfeiture of property, a person who claims an interest in the property may before the end of the period of 12 months commencing on the day on which the forfeiture order is made, apply under this subsection to the Court for an order under subsection (2).
(4) A person who—
(a) had knowledge of the application for the forfeiture order before the order was made; or
(b) appeared at the hearing of that application,
shall not be permitted to make an application under subsection (3), except with the leave of the Court.
(5) A person who makes an application under subsection (1) or (3) must give no less than 14 days written notice of the making of the application to the Director of Public Prosecutions, who shall be a party to any proceedings in the application.
(6) An applicant or the Director of Public Prosecutions may in accordance with the rules of court, appeal to the Court of Appeal from an order made under subsection (2).
(7) The Registrar shall, on application made by any person who has obtained an order under subsection (2), and where the period allowed by the rules of court with respect to the making of appeals has expired and any appeal from that order taken under subsection (6) has been determined—
(a) direct that the property or the part thereof to which the interest of the applicant relates be returned to the applicant; or
(b) direct that an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant.