(b) developing a remote forensic tool;
(c) adopting a remote forensic tool; or
(d) acquiring a remote forensic tool.
Order for payment of compensation
28. (1) Where a person is convicted of an offence under this Act and the court before which the person is
convicted is satisfied that another person has suffered loss or damage because of the commission of the offence, the
court, may in addition to any penalty imposed under this Act, order the person convicted to pay a fixed sum as
compensation to that other person for the loss or damage caused or likely to be caused as a result of the commission
of the offence.
(2) An order made under subsection (1) shall be without prejudice to any other remedy which the person
who suffered the loss or damage may have under any other law.
(3) The court may make an order under this section of its own motion or upon application of a person who
has suffered the loss or damage as a result of the commission of the offence.
(4) A person who makes an application under subsection (3) shall do so before sentence is passed on the
person against whom the order is sought.
(5) For the purposes of this section, computer data held in an apparatus is deemed to be the property of the
owner of the apparatus.
Forfeiture
29. (1) Subject to subsection (2), where a person is convicted of an offence under this Act, the court before
which the person is convicted may order that any property –
(a) used for or in connection with; or
(b) obtained as a result of or in connection with,
the commission of the offence, be forfeited to the Crown.
(2) Before making an order under subsection (1), the court shall give an opportunity to be heard to any
person who claims to be the owner of the property or who appears to the court to have an interest in the property.
(3) Property forfeited to the Crown under this section shall vest in the Crown –
(a) if no appeal is made against the order, at the end of the period within which an appeal may be
made against the order; or
(b) if an appeal has been made against the order, on the final determination of the matter, where the
decision is made in favour of the Crown.
(4) Where property is forfeited to the Crown under this section, it shall be disposed of in the prescribed
manner.
Order for seizure and restraint
30. Where an ex parte application is made by the Director of Public Prosecutions to a Judge and the Judge is
satisfied that there is reasonable ground to believe that there is in any building, place or vessel, any property in
respect of which a forfeiture order under section 31 has been made, the Judge may issue –
(a) a warrant authorizing a police officer to search the building, place or vessel for that property and to
seize that property if found, and any other property in respect of which the police officer believes, on
reasonable grounds, that a forfeiture order under section 31 may be made; or
(b) a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the
property, other than as may be specified in the restraint order.