PART 1Proceeds of crime

CHAPTER 3Northern Ireland

Confiscation: other amendments

I130Variation or discharge

1

In section 173 of the Proceeds of Crime Act 2002 (inadequacy of available amount: variation of confiscation order), in subsection (1)(b), after “the defendant” insert “ or the prosecutor ”.

2

After section 175 of that Act insert—

175ARecovery from estate of deceased defendant impractical: discharge of order

1

This section applies if—

a

a court has made a confiscation order,

b

the defendant dies while the order is not satisfied, and

c

the prosecutor applies to the Crown Court for the discharge of the order.

2

The court may discharge the order if it appears to the court that—

a

it is not possible to recover anything from the estate of the deceased for the purpose of satisfying the order to any extent, or

b

it would not be reasonable to make any attempt, or further attempt, to recover anything from the estate of the deceased for that purpose.

3

Section 175A of that Act (inserted by subsection (2) above) applies to—

a

a confiscation order made under the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17)), or

b

a confiscation order made under Part 2 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)),

as it applies to a confiscation order made under the Proceeds of Crime Act 2002.