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This is the original version (as it was originally made).

Assessing the proceeds of drug trafficking

6.—(1) For the purposes of this Order—

(a)any payments or other rewards received by a person at any time (whether before or after the coming into operation of Article 5) in connection with drug trafficking carried on by him or another are his proceeds of drug trafficking, and

(b)the value of his proceeds of drug trafficking is the aggregate of the values of the payments or other rewards.

(2) The Crown Court may, for the purpose of determining whether the defendant has benefited from drug trafficking and, if he has, of assessing the value of his proceeds of drug trafficking, make the following assumptions, except to the extent that any of the assumptions are shown to be incorrect in the defendant’s case—

(a)that any property appearing to the Court—

(i)to have been held by him at any time since his conviction, or

(ii)to have been transferred to him at any time since the beginning of the period of 6 years ending when the proceedings were instituted against him, was received by him, at the earliest time at which he appears to the Court to have held it, as a payment or reward in connection with drug trafficking carried on by him,

(b)that any expenditure of his since the beginning of that period was met out of payments received by him in connection with drug trafficking carried on by him, and

(c)that, for the purpose of valuing any property received or assumed to have been received by him at any time as such a reward, he received the property free of any other interests in it.

(3) Paragraph (2) does not apply if the only drug trafficking offence in respect of which the defendant appears before the Court to be sentenced is an offence under Article 29 or 30.

(4) For the purpose of assessing the value of the defendant’s proceeds of drug trafficking in a case where a confiscation order has previously been made against him, the Court shall leave out of account any of his proceeds of drug trafficking that are shown to the Court to have been taken into account in determining the amount to be recovered under that order.

(5) References in paragraph (4) to a confiscation order include a confiscation order within the meaning of the [1986 c. 32] Drug Trafficking Offences Act 1986 or Part I of the [1987 c. 41] Criminal Justice (Scotland) Act 1987.

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