Explanatory Notes

Proceeds of Crime Act 2002

2002 CHAPTER 29

24 July 2002

Commentary on Sections

Part 4: Confiscation: Northern Ireland

Enforcement as fines etc

Section 188: Reconsideration etc: variation of prison term

254.The Crown Court fixes the period of imprisonment in default by reference to the amount of the confiscation order. Section 188 provides for Northern Ireland in the same way that section 39 does for England and Wales, for the period of imprisonment in default to be varied where the court varies the amount of a confiscation order under certain provisions of the Act.

255.The overall purpose of the provision is to clarify what happens when the variation of a confiscation order changes the maximum period of imprisonment in default applicable to the order.