Part I

Appeal to Court of Appeal in Criminal Cases

Appeal against sentence

Quashing of certain confiscation orders: supplementary
11A
1
This section applies where the Court of Appeal—
a
quash a confiscation order under section 11(3)(a) (“
the quashed order
”), and
b
under section 11(3A), direct the Crown Court to proceed afresh under the relevant enactment.
2
Nothing in this section prevents any sum paid by the appellant pursuant to the quashed order being a sum which is recoverable from the Secretary of State as a debt owing to the appellant, but the Court of Appeal may direct that any such sum is not to be repaid until such time as the Crown Court makes a confiscation order, or decides not to make such an order, when proceeding afresh pursuant to section 11(3A).
3
Nothing in this section prevents an amount which would otherwise fall to be repaid as a result of the order being quashed being set against an amount which the appellant is required to pay by virtue of a confiscation order made by the Crown Court in those proceedings.
4
In this section “
confiscation order
” and “
relevant enactment
” have the same meaning as in section 11(3D).
S. 11A inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 140(3), 182(5) (with s. 180, Sch. 22 para. 39); S.I. 2010/145, art. 2(2), Sch. para. 10