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

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This is the original version (as it was originally made).

Confiscation of proceeds of offences other than drug trafficking offences

4.—(1) The Crown Court and a court of summary jurisdiction shall each have power, in addition to dealing with an offender in any other way, to make an order (a confiscation order) requiring him to pay such amount as the court thinks fit, being an amount which must be at least the minimum amount, but must not exceed—

(a)the benefit in respect of which it is made; or

(b)the amount appearing to the court to be the amount that might be realised at the time the order is made, whichever is the less.

(2) The Crown Court may make such an order against an offender where—

(a)he is convicted of any offence to which this Order applies other than a drug trafficking offence; and

(b)it is satisfied—

(i)that he has benefited from that offence or from that offence taken together with some other offence of which he is convicted in the same proceedings, or which the Court takes into consideration in determining his sentence, and which is not a drug trafficking offence; and

(ii)that his benefit is at least the minimum amount.

(3) A court of summary jurisdiction may make such an order against an offender where—

(a)he is convicted of an offence listed in Schedule 1; and

(b)it is satisfied—

(i)that he has benefited from that offence or from that offence taken together with some other offence listed in Schedule 1 of which he is convicted in the same proceedings, or which the court takes into consideration in determining his sentence; and

(ii)that his benefit is at least the minimum amount.

(4) For the purposes of this Order a person benefits from an offence if he obtains property as a result of or in connection with its commission and his benefit is the value of property so obtained.

(5) Where a person derives a pecuniary advantage as a result of or in connection with the commission of an offence, he is to be treated for the purposes of this Order as if he had obtained as a result of or in connection with the commission of the offence a sum of money equal to the value of the pecuniary advantage.

(6) A court shall not make a confiscation order under this Article unless the prosecution has given written notice to the court to the effect that it appears to the prosecution that, were the court to consider that it ought to make such an order, it would be able to make an order requiring the offender to pay at least the minimum amount.

(7) If the prosecution gives the court such a notice, the court shall determine whether it ought to make a confiscation order under this Article.

(8) When considering whether to make a confiscation order under this Article the court may take into account any information that has been placed before it showing that a victim of an offence to which the proceedings relate has instituted, or intends to institute, civil proceedings against the defendant in respect of loss, injury or damage sustained in connection with the offence.

(9) If the court determines that it ought to make such an order, thecourt shall, subject to Article 7, before sentencing or otherwise dealing with the defendant in respect of the offence or, as the case may be, any of the offences concerned, determine the amount to be recovered in his case by virtue of this Article and make a confiscation order for that amount, specifying the offence or offences.

(10) For the purposes of this Order the minimum amount is £10,000 or such other amount as the Secretary of State may specify by order.

(11) An order under paragraph (10) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the [1946 c. 36] Statutory Instruments Act 1946 shall apply accordingly.

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