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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This is the original version (as it was originally made).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 orders: supplementary provisions

8.—(1) Where a court makes a confiscation order against a defendant in any proceedings, the court shall, in respect of any offence of which he is convicted in those proceedings, take account of the order before—

(a)imposing any fine on him, or

(b)making any order involving any payment by him, other than an order under Article 3 of the [1980 NI 6] Criminal Justice (Northern Ireland) Order 1980 (compensation orders); or

(c)making any order under—

(i)section 27 of the [1971 c. 38] Misuse of Drugs Act 1971 (forfeiture orders); or

(ii)article 7 of the Criminal Justice (Northern Ireland) Order 1980 (deprivation orders), but subject to that shall leave the order out of account in determining the appropriate sentence or other manner of dealing with him.

(2) No statutory provision restricting the power of a court dealing with an offender in a particular way from dealing with him also in any other way shall by reason only of the making of a confiscation order restrict the court from dealing with an offender in any way it considers appropriate in respect of an offence to which this Order applies.

(3) Where—

(a)a court makes both a confiscation order and an order for the payment of compensation under Article 3 of the [1980 NI 6] Criminal Justice (Northern Ireland) Order 1980 against the same person in the same proceedings; and

(b)it appears to the court that he will not have sufficient means to satisfy both the orders in full, it shall direct that so much of the compensation as will not in its opinion be recoverable because of the insufficiency of his means shall be paid out of any sums recovered under the confiscation order.

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