s 34 Substitute property confiscation order
34.—(1) Where a defendant is convicted, or is by reason of section 29 taken to be convicted, of a drug dealing offence or a serious offence, the court is to, on the application of the Public Prosecutor, make a substitute property confiscation order against the defendant, if the court is satisfied that —(a) the defendant had used or intended to use any property (called in this Part an instrumentality) for the commission of the offence; and (b) the instrumentality is not available for forfeiture as mentioned in subsection (2).[21/2014] (2) For the purposes of subsection (1), an instrumentality is not available for forfeiture if —(a) the instrumentality is not held by the defendant; (b) the instrumentality is held by the defendant and has been seized under any written law, but has been ordered to be released, or to be disposed of in favour of any person other than the defendant; or (c) the instrumentality has been sold or otherwise disposed of, or cannot be found.[21/2014] (3) When a court makes a substitute property confiscation order against the defendant, the defendant is liable to pay to the Government the amount which —(a) the court assesses to be the value of the instrumentality at the time the drug dealing offence or serious offence was committed; and (b) is specified in the order.[21/2014] (4) For the purposes of subsection (3), the value of the instrumentality is its full value, even if the defendant did not expend any amount for the purpose of using it for the commission of the offence, or did not expend an amount equal to its full value for that purpose.[21/2014] (5) If a substitute property confiscation order is made against 2 or more defendants in respect of the same instrumentality, the defendants are jointly and severally liable to pay to the Government the amount specified in the order.[29B [21/2014]