306
THE OFFICIAL GAZETTE [Lecat Supplement]
No. 16]
LAWS
OF
—
A
13™ AUGUST, 2018
GUYANA
[A.D. 2018
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 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 subsection (1) of its own
motion or upon the application of a person who has suffered 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 in accordance with rules of court before sentence is passed on the person
against whom the order is sought.
Forfeiture order.
40.
(1) Subject to subsection (2), where a person is convicted of an
offence under this Act, the court that heard the criminal case may, upon the
application of the Director of Public Prosecutions, 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 State.
(2)
Before making an order under subsection (1), the court shall give
an opportunity to be heard to any person who(a)
claims to be the owner of the property; or
(b)
appears to the court to have an interest in the property.
(3) Where a person proves to the court that there is electronic data in a
computer system or an electronic data storage medium forfeited which is
useful to that person and unrelated to the offence committed, the Court shall
make an order permitting the person to make a copy of that electronic data.
(4) Property forfeited to the State under subsection (1) shall vest in the
State —
(a)
if no appeal is made against the forfeiture order, at the end
of the period within which an appeal may be made against
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