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Proceeds of Crime Act 2002

Section 128: Management administrators

196.Section 125 follows the earler confiscation legislation in enabling an administrator to be appointed by the court where a restraint order has been made. The role of an administrator is to manage property to maintain its value until a confiscation order is made.

197.The current legislation enables “an administrator” to be appointed on the application of the prosecutor. In fact, administrators perform two different functions. They manage property pending the accused’s conviction (and sometimes afterwards) and they dispose of property to satisfy the confiscation order. The earlier legislation did not distinguish between them as such. The Act now deals separately with the two different sorts of administrators and calls them management administrators and enforcement administrators.

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