Section 329-332 of the Administration of Criminal Justice Act 2015
Section 329 to 332 of the Administration of Criminal Justice Act 2015 is under PART 33 (CUSTODY, DISPOSAL, RESTORATION OF PROPERTY) of the Act.
Section 329 Administration of Criminal Justice Act 2015
Meaning of “property”
In this Part, “property” in the case of property regarding which an offence appears to have been committed, includes not only the property as has been originally in the possession or under the control of a party, but also any property into or for which that same has been converted or exchanged and anything acquired by the conversion or exchange, whether immediately or otherwise.
Section 330 Administration of Criminal Justice Act 2015
Order for custody and disposal of property pending trial
Where any property regarding which an offence appears to have been committed or which appears to have been used for the commission of an offence is produced before a court during an inquiry or a trial, the court:
(a) may make such order as it thinks fit for the proper custody of that property pending the conclusion of the proceedings or trial; and
(b) where the property is subject to speedy decay, may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of, and the proceeds dealt with as the court may direct.
Section 331 Administration of Criminal Justice Act 2015
Order for disposal of property after trial
(1) Where any proceeding or trial in a criminal case is concluded, the court may make such order as it thinks fit, for the disposal by destruction, confiscation or delivery to a person appearing to be entitled to the possession or otherwise, of any movable property or document produced before it or in its custody or regarding which an offence appears to have been committed or which has been used for the commission of an offence.
(2) Notwithstanding that the trial, proceeding or an appeal is pending in respect of the case, the court may, in any case, make an order under the provisions of subsection (1) of this section for the delivery of any property, to a person appearing to be entitled to the possession of the property, on his executing a bond, with or without sureties, to the satisfaction of the court, undertaking to restore the property to the court.
(3) An order made under this section may be appealed against as if it is a decision in the final judgment of the court giving the direction.
Section 332 Administration of Criminal Justice Act 2015
Custody or sale of property
(1) Where the court orders the forfeiture or confiscation of any property but does not make an order for its destruction or for its delivery to any person, the court may direct that the property shall be kept or sold and that the property, if sold, the proceeds of the sale be held as it directs until some person establishes to the court’s satisfaction, a right to the property.
(2) Where no person establishes a right within six months from the date of forfeiture or confiscation of the property, the proceeds of the sale shall be paid into the Consolidated Revenue Fund of the Federation, Consolidated Revenue Fund of the State or any other appropriate account, as the case may be.
(3) Where an order is made under this section in a case which an appeal lies, the order shall not, except when the property is livestock or is subject to speedy and natural decay, be carried out until the period allowed for presenting the appeal has passed or when the appeal is entered, until the disposal of the appeal.
