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


This is the original version (as it was originally made).

Postponed confiscation orders

7.—(1) Subject to paragraph (2), a court, if it considers that it requires further information before making a confiscation order, may, subject to paragraph (3), postpone making such an order for a period not exceeding 6 months after the date of conviction for the purpose of enabling that information to be obtained; but, without prejudice to Article 50 of the [1981 NI 26] Magistrates' Courts (Northern Ireland) Order 1981 and Article 11 of the [1989 NI 15] Treatment of Offenders (Northern Ireland) Order 1989, may notwithstanding such postponement proceed to sentence or to otherwise deal with the person in respect of the conviction.

(2) A court shall not impose any fine or make an order such as is mentioned in Article 8(1)(b) or (c) before a confiscation order is made.

(3) If during the period of postponement notice of appeal or of application for leave to appeal is given under section 16(1) of the [1980 c. 47] Criminal Appeal (Northern Ireland) Act 1980 or, as the case may be, Article 144(1) of the Magistrates' Courts (Northern Ireland) Order 1981, the court may, on the application of the prosecution, extend that period to a date up to 3 months after the date of the determination of the appeal.

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