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

Status:

This is the original version (as it was originally made).

Statements, etc., relevant to making confiscation orders

9.—(1) Where—

(a)there is tendered to the court by the prosecution a statement as to any matters relevant—

(i)in the case of a defendant who has been convicted of an offence to which this Order applies other than a drug trafficking offence,— aato the determination whether the defendant has benefited from the offence or from any other offence to which this Order applies other than a drug trafficking offence of which he is convicted in the same proceedings or which is taken into account in determining his sentence; or abto the assessment of the value of his benefit from that offence or that other offence; or

(ii)in the case of a defendant who has been convicted of a drug trafficking offence,— aato the determination whether the defendant has benefited from drug trafficking; or abto the assessment of the value of his proceeds of drug trafficking; and

(b)the defendant accepts to any extent any allegation in the statement; the court may, for the purposes of that determination and assessment, treat his acceptance as conclusive of the matters to which it relates.

(2) Where—

(a)a statement is tendered under paragraph (1)(a), and

(b)the court is satisfied that a copy of that statement has been served on the defendant, the court may require the defendant to indicate to what extent he accepts each allegation in the statement and, so far as he does not accept any such allegation, to indicate any matters he proposes to rely on.

(3) If the defendant fails in any respect to comply with a requirement under paragraph (2), he may be treated for the purposes of this Article as accepting every allegation in the statement apart from—

(a)any allegation in respect of which he has complied with the requirement; and

(b)any allegation that he has—

(i)in the case of a defendant who has been convicted of an offence to which this Order applies other than a drug trafficking offence benefited from an offence or that any property was obtained by him as a result of or in connection with the commission of an offence; or

(ii)in the case of a defendant who has been convicted of a drug trafficking offence, benefited from drug trafficking or that any payment or other reward was received by him in connection with drug trafficking carried on by him or another.

(4) Where—

(a)there is tendered to the court by the defendant a statement as to any matters relevant to determining the amount that might be realised at the time the confiscation order is made, and

(b)the prosecution accepts to any extent any allegation in the statement, the court may, for the purposes of that determination, treat the acceptance by the prosecution as conclusive of the matters to which it relates.

(5) An allegation may be accepted or a matter indicated for the purposes of this Article either—

(a)orally before the court; or

(b)in writing in accordance with Crown Court rules or magistrates' court rules.

(6) No acceptance by the defendant under this Article that any payment or other reward was received by him in connection with drug trafficking carried on by him or another shall be admissible in evidence in any proceedings for an offence.

(7) If the court is satisfied as to any matter relevant for determining the amount that might be realised at the time the confiscation order is made (whether by an acceptance under this Article or otherwise), the court may issue a certificate giving the court’s opinion as to the matters concerned and shall do so if 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 benefit from the offence or, if more than one, all the offences in respect of which the order may be made, or as the case may be, the defendant’s proceeds from drug trafficking.

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