Northern Ireland (Emergency Provisions) Act 1991 (repealed 25.8.1996)

48 Provisions supplementary to section 47. N.I.

(1) Subject to subsection (2) below, a confiscation order shall be made by the court before sentencing or otherwise dealing with the defendant for the offence or offences in respect of which he is before the court.

(2) If a court considers that it requires further information before making a confiscation order against a defendant, it may, subject to subsection (3) below, postpone making such an order for [F1 such period as it may specify] for the purpose of enabling that information to be obtained; but, without prejudice to Article 11 of the M1 Treatment of Offenders (Northern Ireland) Order 1989, the court may notwithstanding such postponement proceed to sentence or otherwise deal with the defendant in respect of the conviction.

[F2 (2A) More than one postponement may be made under subsection (2) above in relation to the same case.

(2B) Unless it is satisfied that there are exceptional circumstances, the court shall not specify a period under subsection (2) above which—

(a) by itself, or

(b) where there have been one or more previous postponements under subsection (2) above or (3) below, when taken together with the earlier specified period or periods,

exceeds six months beginning with the date on which the defendant was convicted.]

(3) If F3 . . . notice of appeal or of application for leave to appeal is given under section 16(1) of the M2 Criminal Appeal (Northern Ireland) Act 1980 the court may, on the application of the prosecution, extend that period to a date up to three months after the date of the determination of the appeal. [F4 on that account—

(a) postpone making the confiscation order for such period as it may specify, or

(b) where it has already exercised its powers under this section to postpone, extend the specified period;

but, without prejudice to Article 11 of the M3 Treatment of Offenders (Northern Ireland) Order 1989, the court may notwithstanding any postponement under this section proceed to sentence or otherwise deal with the defendant in respect of the conviction.]

[F5 (3A) A postponement or extension under subsection (2) or (3) above may be made—

(a) on application by the defendant or the prosecution, or

(b) by the court of its own motion.

(3B) Unless the court is satisfied that there are exceptional circumstances, any postponement or extension under subsection (3) above shall not exceed the period ending three months after the date of determination of the appeal.]

[F6 (3C) Where the court has sentenced the defendant under subsection (2) or (3) above during the specified period it may, after the end of that period, vary the sentence by imposing a fine or making any such order as is mentioned in subsection (5)(b) or (c) below so long as it does so within a period corresponding to that allowed by section 49(2) or (3) of the Judicature (Northern Ireland) Act 1978 (time allowed for varying a sentence) but beginning with the end of the specified period.]

(4) A court shall not impose any fine or make an order such as is mentioned in subsection (5)(b) or (c) below before a confiscation order is made.

(5) 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 M4 Criminal Justice (Northern Ireland) Order 1980 (compensation orders); or

(c) making any order under Article 7 of that Order (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.

(6) 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 a relevant offence.

(7) Where—

(a) a court makes both a confiscation order and an order for the payment of compensation under Article 3 of the M5 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.

(8) Where a court decides not to make a confiscation order against a defendant convicted by it of a relevant offence the court shall state its reasons for that decision.

Textual Amendments

F1 Words in s. 48(2) substituted (3.2.1995) by 1993 c. 36, ss. 36(2), 78(3) (with s. 78(6)); S.I. 1995/43, art. 2, Sch..

F2 S. 48(2A)(2B) inserted (3.2.1995) by 1993 c. 36, ss. 36(5), 78(3) (with s. 78(6)); S.I. 1995/43, art. 2, Sch..

F3 Words in s. 48(3) repealed (3.2.1995) by 1993 c. 36, ss. 36(6), 78(3), 79(14), Sch. 6 Pt.I (with s. 78(6)); S.I. 1995/43, art. 2, Sch.

F4 S. 48(3)(a)(b) and words substituted for words in s. 48(3) (3.2.1995) by 1993 c. 36, ss. 36(6), 78(3) (with s. 78(6)); S.I. 1995/43, art. 2, Sch..

F5 S. 48(3A)(3B) inserted (3.2.1995) by 1993 c. 36, ss. 36(7), 78(3) (with s. 78(6)); S.I. 1995/43, art. 2, Sch.

F6 S. 48(3C) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 51(1); S.I. 1995/127, art. 2, Sch. 1 Appendix A

Marginal Citations

M1 S.I. 1989/1344 (N.I. 15).

M2 1980 c. 47.

M3 S.I. 1989/1344 (N.I. 15).

M4 S.I. 1980/704 (N.I. 6).

M5 S.I. 1980/704 (N.I. 6).