(1) In assessing the value of benefits derived by a person from the commission of a criminal conduct, the Court may treat as property of the person any property that, in the opinion of the Court, is subject to the effective control of the person whether or not he or she has— (Amended by Act 4 of 2010
(a) any legal or equitable interest in the property; or
(b) any right, power or privilege in connection with the property.
(2) Without prejudice to the generality of subsection (1) the Court may have regard to—
(a) shareholdings in, debenture over or directorships in any company that has an interest, whether direct or indirect, in the property, and for this purpose the Court may order the investigation and inspection of the books of a named company;
(b) any trust that has any relationship to the property;
(c) any relationship whatsoever between persons having an interest in the property or in companies of the kind referred to in paragraph (a) or trust of the kind referred to in paragraph (b), and any other persons.
(3) Where the Court, for the purposes of making a confiscation order against a person, treats particular property as the person's property under subsection (1), the Court may, on application by the Director of Public Prosecutions, make an order declaring that the property is available to satisfy the order.
(4) Where the Court declares that property is available to satisfy a confiscation order—
(a) the order may be enforced against the property as if the property were property of the person against whom the order is made; and
(b) a restraining order may be made in respect of the property as if the property were property of the person against whom the order is made.
(5) Where the Director of Public Prosecution applies for an order under subsection (3) that property is available to satisfy a confiscation order against a person—
(a) the Director of Public Prosecutions shall give written notice of the application to the person and to any person who the Director of Public Prosecutions has reason to believe may have an interest in the property; and
(b) the person and any person who claims an interest in the property may appear and adduce evidence at the hearing.