Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:7_20
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 7 cl 20
Character Range: 135802–136877

20  Applying for forfeiture orders

(1) The DPP must not apply for a forfeiture order under Part 2‑2 of the Proceeds of Crime Act 2002 covering property in respect of an offence if:
 (a) an application has been made under section 14 of the Proceeds of Crime Act 1987 for an order for the forfeiture of some or all of the property in respect of the offence; and
 (b) the application under section 14 of that Act is still pending.

(2) The DPP must not apply for a forfeiture order under section 48 of the Proceeds of Crime Act 2002 covering property in respect of an offence if an application under section 14 of the Proceeds of Crime Act 1987 for the forfeiture of some or all of the property in respect of the offence has been refused.

(3) The fact that an application has been made under section 14 of the Proceeds of Crime Act 1987 for an order for the forfeiture of property in respect of an offence does not in any other case prevent the DPP applying for a forfeiture order under Part 2‑2 of the Proceeds of Crime Act 2002 covering property in respect of the offence.