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The Proceeds of Crime (Northern Ireland) Order 1996

Status:

This is the original version (as it was originally made).

Interpretation of Part II

4.—(1) This Article shall have effect for the interpretation of this Part.

(2) Proceedings for an offence are instituted—

(a)when a summons or warrant is issued under Article 20 of the [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981 in respect of that offence;

(b)when a person is charged with the offence after being taken into custody without a warrant;

(c)when an indictment is presented under section 2(2)(c), (e) or (f) of the [1969 c. 15 (N.I.).] Grand Jury (Abolition) Act (Northern Ireland) 1969;

and where the application of this paragraph would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.

(3) Proceedings for an offence are concluded—

(a)when the defendant is acquitted on all counts;

(b)if he is convicted on one or more counts, but the court decides not to make a confiscation order against him, when it makes that decision; or

(c)if a confiscation order is made against him in those proceedings when the order is satisfied.

(4) An application under Article 17, 18 or 24 is concluded—

(a)if the court decides not to make a confiscation order against the defendant, when it makes that decision; or

(b)if a confiscation order is made against him as a result of that application, when the order is satisfied; or

(c)if the application is withdrawn, when the prosecution notifies the withdrawal of the application to the court to which it was made.

(5) An application under Article 19 or 21 is concluded—

(a)if the court decides not to vary the confiscation order in question, when it makes that decision; or

(b)if the court varies the confiscation order as a result of the application, when the order is satisfied; or

(c)if the application is withdrawn, when the prosecution notifies the withdrawal of the application to the court to which it was made.

(6) A confiscation order is satisfied when no amount is due under it.

(7) For the purposes of this Article as it applies to Article 37, a confiscation order is also satisfied when the defendant in respect of whom it was made has served a term of imprisonment or detention in default of payment of the amount due under the order.

(8) An order is subject to appeal until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.

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