Page 194 - FIC ANTI MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING LEGISLATION

Chapter 5 I POCA
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(b) if the court finds that he or she has benefited from an offence and that expenditure had been incurred by him or her since the beginning of the period contemplated in paragraph (a), the court shall accept these facts as prima facie evidence that any such expenditure was met out of the advantages, payments, services or rewards, including any property received by him or her in connection with the offences or related criminal activities referred to in section 18(1) committed by him or her.
(4) For the purpose of determining the value of any property in an enquiry under section 18(1), if the court finds that the defendant received property at any time as an advantage, payment, service or reward in connection with the offences or related criminal activities referred to in that subsection committed by him or her or by any other person the court shall accept this fact as prima facie evidence that he or she received that property free of any other interest therein.
23. Effect of confiscation orders
(1) A confiscation order made—
(a) by a magistrate’s court, other than a regional court, shall have the effect of a civil judgment of that court;
(b) by a regional court shall have the effect of a civil judgment of the magistrate’s court of the district in which the relevant trial took place.
(2) Where a High Court makes a confiscation order—
(a) the confiscation order shall have the effect of a civil judgment of that court; or
(b) the presiding judge may direct the registrar of that court to forward a certified copy of the confiscation order to the clerk of the magistrate’s court designated by the presiding judge or, if no such court is designated, to the clerk of the magistrate’s court within the area of jurisdiction of which the offence concerned was committed, and, on receipt of the said copy of the confiscation order the clerk of the magistrate’s court concerned shall register the confiscation order whereupon it shall have the effect of a civil judgment of that magistrate’s court.