Criminal Justice Act 1993

36 Confiscation orders

(1) In section 47(7) of the [1991 c. 24.] Northern Ireland (Emergency Provisions) Act 1991 (confiscation orders), for “the amount that might then be so realised” there shall be substituted “—

(a) the amount that might then be so realised, or

(b) a nominal amount, where it appears to the court (on the information available to it at the time) that the amount that might then be so realised is nil”.

(2) In section 47 of the Act of 1991, the following subsection shall be added at the end—

“(9) The standard of proof required to determine any question arising under this Part of this Act as to—

(a) whether a person has benefited from terrorist-related activities engaged in by him or another;

(b) the value of his proceeds of those activities;

(c) any matter of which the court must be satisfied under subsection (5) above; or

(d) the amount to be required to be paid under a confiscation order made in his case,

shall be that applicable in civil proceedings.”.

(3) Section 48 of that Act (postponed confiscation orders etc.) shall be amended as follows.

(4) In subsection (2), for “a period not exceeding six months after the date of conviction” there shall be substituted “such period as it may specify”.

(5) After subsection (2) there shall be inserted—

“(2A) More than one postponement may be made under subsection (2) above in relation to the same case.

(2B) Unless it is satisfied that there are exceptional circumstances, the court shall not specify a period under subsection (2) above which—

(a) by itself, or

(b) where there have been one or more previous postponements under subsection (2) above or (3) below, when taken together with the earlier specified period or periods,

exceeds six months beginning with the date on which the defendant was convicted.”.

(6) In subsection (3) the words “during the period of postponement” shall cease to have effect and for the words from “on the application of the prosecution” to the end there shall be substituted— “on that account—

(a) postpone making the confiscation order for such period as it may specify, or

(b) where it has already exercised its powers under this section to postpone, extend the specified period;

but, without prejudice to Article 11 of the [S.I. 1989/1344 (N.I. 15).] Treatment of Offenders (Northern Ireland) Order 1989, the court may notwithstanding any postponement under this section proceed to sentence or otherwise deal with the defendant in respect of the conviction.”.

(7) After subsection (3) there shall be inserted—

“(3A) A postponement or extension under subsection (2) or (3) above may be made—

(a) on application by the defendant or the prosecution, or

(b) by the court of its own motion.

(3B) Unless the court is satisfied that there are exceptional circumstances, any postponement or extension under subsection (3) above shall not exceed the period ending three months after the date of determination of the appeal.”.