The Proceeds of Crime (Northern Ireland) Order 1996

Power to discharge confiscation order and order compensation where absconder returns

28.—(1) This Article applies where—

(a) the High Court has made a confiscation order under Article 24(4);

(b) the defendant has ceased to be an absconder; and

(c) Article 27 does not apply.

(2) The High Court may, on the application of the defendant, cancel the confiscation order if it is satisfied that—

(a) there has been undue delay in continuing the proceedings in respect of which the power under Article 24(4) was exercised; or

(b) the prosecution does not intend to proceed.

(3) Where the High Court cancels a confiscation order under this Article it may, on the application of the person who held property which was realisable property, order compensation to be paid to the applicant in accordance with Article 29, if it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order.