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


This is the original version (as it was originally made).

Confiscation of proceeds of drug trafficking

5.—(1) Where a person is convicted in the Crown Court of one or more drug trafficking offences and the Court determines that he has benefited from drug trafficking the Court shall, subject to Article 7, before sentencing or otherwise dealing with him in respect of the offence or, as the case may be, any of the offences concerned, make an order (a confiscation order) requiring him to pay—

(a)subject to sub-paragraph (b), the amount the Court assesses to be the value of the defendant’s proceeds of drug trafficking; or

(b)if the Court is satisfied that the amount that might be realised at the time the confiscation order is made is less than the amount the Court assesses to be the value of the defendant’s proceeds of drug trafficking, the amount that might be so realised.

(2) For the purposes of this Order, a person who has at any time (whether before or after the coming into operation of this Article) received any payment or other reward in connection with drug trafficking carried on by him or another has benefited from drug trafficking.

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