Criminal Justice Act (Northern Ireland) 1953

N.I. Property of convicted persons

9 Amendments of Forfeiture Act, 1870. N.I.

Subs. (1) rep. by SLR 1973

(2) Where any pension or superannuation allowance has been forfeited under section two of the Forfeiture Act, 1870 [1870 c.23.] , the authority by whom the pension or allowance was granted may restore the pension or allowance either in whole or in part, but nothing in this sub-section shall authorise or permit the making, on foot of any such pension or allowance, of a payment in respect of a period occurring before the commencement of this Act.

10 Other provisions as to property of convicted persons. N.I.

(1) A court before which a person is convicted of an offence punishable with imprisonment [F1 or detention in a young offenders centre] for a term exceeding six months, …F2 , may make an order (in this section referred to as a “stay”) prohibiting that person (in this section referred to as the “convicted prisoner”) or any other person acting on his behalf from disposing of or dealing with all or any property of his, or held in trust for him or in his possession, custody or control at the time of his arrest, otherwise than in accordance with the judgment or order of a civil court of competent jurisdiction; and a stay shall, subject to the provisions of this section, have effect during such period as the court may think proper to enable all claims to or against such property to be determined and effectively enforced by civil process.

(2) A stay may be made on the application of the Crown or of any person who appears to the court to have—

(a) any claim to or against any property which is or appears to be the property of or held in trust for the convicted prisoner or which is or appears to have been in his possession, custody or control; or

(b) any good cause of action against the convicted prisoner.

(3) A stay may contain such directions and be subject to such conditions as the court may consider advisable for the purpose of ensuring that the property to which the stay relates is readily available to meet the claims of any persons alleged to have suffered loss of property or other injury as a result of an act of the convicted prisoner, or to be taken in execution by civil process.

(4) A copy of any stay made under this section may be sent by registered postF3 addressed to any person or officer (including a person responsible for keeping any register or other record of moneys, stocks, shares, securities or other assets) appearing to be in any way concerned with any property referred to in the stay and if any person or officer to whom such copy is so sent knowingly and wilfully neglects or fails to comply with or acts in breach or contravention of such stay or of any direction or condition contained therein he shall be guilty of an offence and shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding[F4 level 3 on the standard scale]F4 , or to both such imprisonment and such fine; or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to[F4 an unlimited fine]F4 , or to both such imprisonment and such fine.

(5) In this section—

• “property” includes any thing in action, and any estate or interest in or right to or over real or personal property; and

• “possession” includes receipt of income, or rents and profits or the right to receive the same.

F1 1968 c. 29 (NI)

F2 1968 c. 29 (NI); 1980 NI 10

F3 Recorded delivery service may be used as an alternative, 1963 c. 5 (NI)

F4 1984 NI 3