142LCourt may grant relief from instrument forfeiture order to applicant who establishes interest in property

1. This section applies if—

2. a person applies to the court under section 142J for relief from an instrument forfeiture order in respect of an interest in property on the ground set out in section 77(1)(a) of the Criminal Proceeds (Recovery) Act 2009; and
3. the court is satisfied, following a hearing under section 142K, that the applicant has established on the balance of probabilities that the applicant—
   1. has an interest in the property to which the instrument forfeiture order relates; and
   2. was not involved in the qualifying instrument forfeiture offence to which the order relates.

4. If this section applies, the court must make an order—

5. declaring the nature, extent, and value of the applicant’s interest in the property; and
6. either—
   1. directing the Crown to transfer the interest to the applicant; or
   2. declaring that there is payable by the Crown to the applicant an amount equal to the value of the interest declared by the court; or
   3. directing that the interest not be included in an instrument forfeiture order made in respect of the proceedings that gave rise to the application; or
   4. determining, in accordance with section 142N, not to make an instrument forfeiture order.

7. Despite subsection (2), the court may, but is not required to, refuse to make an order under subsection (2) if it is satisfied that—

8. the applicant was, in any respect, involved in the commission of the offence in respect of which forfeiture of the property is or was under consideration; or
9. if the applicant acquired the interest at the time of or after the commission of the offence, the applicant did not acquire the interest in the property in good faith and for value.

10. The court must not make an order under subsection (2)(b)(ii) unless it is satisfied that it cannot reasonably make an order under subsection (2)(b)(i) or (iii) (for example, because the interest of the applicant is not severable from the other property in question).