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Proceeds of Crime Act 2002

Application of sums

Sections 202 & 203: Enforcement receivers; Sums received by chief clerk

264.These sections largely replicate for Northern Ireland the provisions made for England and Wales at sections 54 and 55 of the Act. There is no difference in substance but the text reflects the non-existence of justices’ chief executives in Northern Ireland. Section 202 specifies how any sums in the hands of receivers appointed by the Crown Court are to be disposed of after a confiscation order is made. Where a confiscation order is made, the sums are payable, subject to certain prior payments the Crown Court may order, to the chief clerk of the court where the confiscation order was made.

265.Section 203 also sets out how a chief clerk must dispose of any monies received in satisfaction of a confiscation order. The provision is the same to that proposed for England and Wales at section 55.

Sections 204 & 205: Sums received by Director’s receivers or Director

266.Sections 204 & 205 make provision for Northern Ireland for the realisation of property where the Director is acting as an enforcement authority. Section 204, like section 56, details how sums received are to be dealt with by the Director’s receiver. The provision is, with minor modification, the same as section 202. Section 205 requires the Director to broadly deal with monies received in the same way as the chief clerk under section 203.

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