Commentary on Sections Procedural matters Section 103: Provision of information by accused
174.Section 103 empowers the court, at any stage in the confiscation procedures, to order the accused to provide any information it needs to enable it to carry out its confiscation functions. The court might use the provision where, for example, the accused has proposed to rely on certain matters in responding to the statement of information, and the court considers that it requires more information from the accused in deciding the point at issue. The provision reproduces, with minimal changes, that in the earlier confiscation legislation.
175.Where the accused fails to comply with the court’s order without reasonable excuse, subsection (3) allows the court to draw any inference it believes appropriate. However, subsection (4) makes it clear that the power does not detract from any other power the court has to deal with the accused, notably its power to punish the accused for contempt of court in refusing to comply with the order.
176.Subsection (8) contains provision like that in section 102(8), protecting the accused from incriminating himself and others by making an admission under section 103. However, it does not prevent the authorities from prosecuting the accused or another person using other evidence which may come to light following such an admission.