Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

Part I U.K. Appeal to Court of Appeal from Crown Court

Modifications etc. (not altering text)

C1 Ss. 1-30 (Pt. I) extended (N.I.) (25.8.1996) by 1996 c. 22, ss. 11(6), 62(1) (with s. 62(2))

Appeal against sentence U.K.

[F1 10A Quashing of certain confiscation orders: supplementary U.K.

(1) This section applies where the Court of Appeal—

(a) quashes a confiscation order under section 10(3) (“the quashed order”), and

(b) under section 10(3A), directs 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 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 10(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 10(3C).]

Textual Amendments

F1 S. 10A inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 141(3), 182(5) (with s. 180, Sch. 22 para. 39); S.I. 2010/145, art. 2(2), Sch. para. 11