The Criminal Justice (Confiscation)(Northern Ireland) Order 1990

Variation of confiscation orders

20.—(1) If, on an application by the defendant in respect of a confiscation order, the High Court is satisfied that the realisable property is inadequate for the payment of any amount remaining to be recovered under the order the Court shall issue a certificate to that effect, giving the Court’s reasons.

(2) For the purposes of paragraph (1)—

(a) in the case of realisable property held by a person who has been adjudged bankrupt the Court shall take into account the extent to which any property held by him may be distributed among creditors; and

(b) the Court may disregard any inadequacy in the realisableproperty which appears to the Court to be attributablewholly or partly to anything done by the defendant for the purpose of preserving any property held by a person to whom the defendant had directly or indirectly made a gift caught by this Order from any risk of realisation under this Order.

(3) Where a certificate has been issued under paragraph (1), the defendant may apply—

(a) where the confiscation order was made by the Crown Court, to that Court; and

(b) where the confiscation order was made by a court of summary jurisdication, to a court of summary jurisdiction for the same county court division, for the amount to be recovered under the order to be reduced.

(4) The Crown Court shall, on an application under paragraph (3)—

(a) substitute for the amount to be recovered under the order such lesser amount as the Court thinks just in all the circumstances of the case; and

(b) substitute for the term of imprisonment or detention fixed in respect of the order under section 35(1)(c) of the [1945 c. 15 (N.I.)] Criminal Justice Act (Northern Ireland) 1945 (imprisonment in default of payment) a shorter term if the effect of the substitution under sub-paragraph (a) is to reduce the maximum period applicable in relation to the order under subsection (2) of that section as it has effect by virtue of Article 10(1)(b).

(5) A court of summary jurisdiction shall, on an application under paragraph (3), substitute for the amount to be recovered under the order such lesser amount as the court thinks just in all the circumstances of the case.