s 61 Application for confiscation order
61.—(1) The Public Prosecutor may apply to the Court for a confiscation order. (2) The Court is to make a confiscation order against a subject if it is satisfied on a balance of probabilities that —(a) the subject has carried out organised crime activity within the statutory period; and (b) the subject has derived benefits from the organised crime activity. (3) For the purposes of subsection (2), if it is proved on a balance of probabilities that the subject holds or has at any time (whether before, on or after 1 June 2016) held any property or any interest in the property (including income accruing from the property or interest) disproportionate to the subject’s known sources of income, the holding of which cannot be explained to the satisfaction of the Court, then the subject is, until the contrary is proved on a balance of probabilities, presumed to have derived benefits from the organised crime activity. (4) For the purposes of subsection (3), any expenditure by the subject (whether incurred before, on or after 1 June 2016) is, until the contrary is proved, presumed to have been met out of the subject’s benefits from the organised crime activity.