Northern Ireland (Emergency Provisions) Act 1991 (repealed 25.8.1996)

2 (1) Where the Crown Court makes a confiscation order against a defendant, section 35(1), (2) and (4) of the M1 Criminal Justice Act (Northern Ireland) 1945 (powers of Crown Court in relation to fines) shall have effect as if—

(a) the amount which the order requires him to pay were a fine imposed on him by the Crown Court; and

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where—

(a) a warrant of commitment is issued for a default in payment of an amount ordered to be paid by a confiscation order in respect of an offence; and

(b) at the time the warrant is issued, the defendant is liable to serve a term of custody in respect of the offence,

the term of imprisonment or of detention under section 5 of the M2 Treatment of Offenders Act (Northern Ireland) 1968 (detention of persons aged sixteen to twenty-one for default) to be served in default of payment of the amount shall not begin to run until after the term mentioned in paragraph (b) above.

(3) The reference in sub-paragraph (2) above to the term of custody which the defendant is liable to serve in respect of the offence is a reference to the term of imprisonment or of detention under section 5 of the said Act of 1968 which he is liable to serve in respect of the offence; and for the purposes of this sub-paragraph—

(a) consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term; and

(b) there shall be disregarded—

(i) any sentence of imprisonment or order for detention suspended under section 18 of that Act which has not taken effect at the time when the warrant is issued; and

(ii) any term of imprisonment or detention fixed under section 35(1)(c) of the M3 Criminal Justice Act (Northern Ireland) 1945 for which a warrant of commitment has not been issued at that time.

(4) An amount payable under a confiscation order is not a fine, costs, damages or compensation for the purposes of section 76 of the M4 Children and Young Persons Act (Northern Ireland) 1968 (enforcement of fines imposed on young offenders).

(5) This paragraph applies in relation to confiscation orders made by the Court of Appeal, or by the House of Lords on appeal from the Court of Appeal, as it applies in relation to confiscation orders made by the Crown Court, and the reference in sub-paragraph (1)(a) above to the Crown Court shall be construed accordingly.

Textual Amendments

F1 Sch. 4 para. 2(1)(b) repealed (9.1.1995) by S.I. 1994/2795(N.I. 15), art. 26(2), Sch. 3; S.R. 1994/446, art. 2

Marginal Citations

M1 1945 c. 15 (N.I.).

M2 1968 c. 29 (N.I.).

M3 1945 c. 15 (N.I.).

M4 1968 c. 34 (N.I.).