Page:Organised Crime Act 2015.pdf/46

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ORGANISED CRIME
47


(3) Rules of Court may provide for the manner in which an appeal under subsection (1) may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.

(4) Division 1 of Part XX to the Criminal Procedure Code (Cap. 68) applies to an appeal by the person referred to in subsection (1) in relation to an OCPO or FRO made under section 15(2) or 21(2), respectively.

Division 6—Supplementary

Acquittal or pardon does not impact on subsequent making of OCPO or FRO

35.—(1) An application for an OCPO or FRO may be made under section 15(1) or 21(1) even after a person—

(a) is acquitted of a Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13; or
(b) is convicted of a Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13, and the person is subsequently acquitted pursuant to an appeal against the conviction, or is granted a pardon by the President in respect of the conviction.

(2) An OCPO or FRO made under section 15(2) or 21(2) ceases to have effect if the person subject to the OCPO or FRO—

(a) is subsequently acquitted pursuant to an appeal against the conviction; or
(b) is granted a pardon by the President in respect of the conviction.