Northern Ireland (Emergency Provisions) Act 1991

Increase in realisable property

11 (1) Where—

(a) by virtue of section 47(7) of this Act the amount which a person is ordered to pay by a confiscation order is less than the amount assessed to be the value of his proceeds of terrorist-related activities; and

(b) the High Court is satisfied, on an application made in accordance with sub-paragraph (2) below, that the amount that might be realised in the case of that person is greater than the amount taken into account in making the confiscation order (whether it is greater than was thought when the order was made or has subsequently increased),

the court shall issue a certificate to that effect, giving the court’s reasons.

(2) An application under sub-paragraph (1) above may be made either by the prosecution or by a receiver appointed under this Schedule in relation to the realisable property of the person mentioned in that sub-paragraph.

(3) Where a certificate has been issued under sub-paragraph (1) above the prosecution may apply to the Crown Court for the amount to be paid under the confiscation order to be increased.

(4) The Crown Court may on an application under sub-paragraph (3) above—

(a) substitute for the amount to be paid under the order such amount (not exceeding the amount assessed as the value of the proceeds of terrorist-related activities) as appears to the court to be appropriate having regard to the amount now shown to be realisable; and

(b) increase the term of imprisonment or detention fixed in respect of the order under subsection (1)(c) of section 35 of the [1945 c. 15 (N.I.).] Criminal Justice Act (Northern Ireland) 1945 (imprisonment in default of payment) if the effect of the substitution under paragraph (a) above is to increase the maximum period applicable in relation to the order under subsection (2) of that section as it has effect by virtue of paragraph 2(1)(b) above.