Variation of confiscation orders made by virtue of section 52BN.I.
F120C(1)This paragraph applies where—
(a)the High Court has made a confiscation order by virtue of section 52B(4) of this Act, and
(b)the defendant has ceased to be an absconder.
(2)If the defendant alleges that—
(a)the value of his proceeds of terrorist-related activities in the period by reference to which the assessment in question was made (the “original value”), or
(b)the amount that might have been realised at the time the confiscation order was made,
was less than the amount required to be paid under the confiscation order, he may apply to the High Court for it to consider his evidence.
(3)If, having considered that evidence, the court is satisfied that the defendant’s allegation is correct it—
(a)shall proceed under section 47(1) of this Act to make a fresh assessment of the value of his proceeds of terrorist-related activities, and
(b)may, if it considers it just in all the circumstances, vary the amount required to be paid under the confiscation order.
(4)For any assessment under section 47 of this Act by virtue of this paragraph, section 47(8) shall not apply in relation to any of the defendant’s proceeds of terrorist-related activities taken into account in assessing the original value.
(5)Where the court varies a confiscation order under this paragraph—
(a)it shall substitute for the term of imprisonment or detention fixed in respect of the order under subsection (1)(c) of section 35 of the M1Criminal Justice Act (Northern Ireland) 1945 (imprisonment in default of payment) a shorter term if the effect of the substitution under sub-paragraph (3) above is to reduce the maximum period applicable in relation to the order under subsection (2) of that section as it has effect by virtue of paragraph 2(1)(b) above; and
(b)on the application of a person who held property which was realisable property, it may order compensation to be paid to the applicant if—
(i)it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order; and
(ii)having regard to all the circumstances of the case, the court considers it to be appropriate.
(6)The amount of compensation to be paid under this paragraph shall be such as the court considers just in all the circumstances of the case.
(7)Rules of court may make provision—
(a)for the giving of notice of any application under this paragraph; and
(b)for any person appearing to the court to be likely to be affected by any exercise of its powers under this paragraph to be given an opportunity to make representations to the court.
(8)Any payment of compensation under this paragraph shall be made by the Lord Chancellor out of money provided by Parliament.
(9)No application shall be entertained by the court under this paragraph if it is made after the end of the period of six years beginning with the date on which the confiscation order was made.
Textual Amendments
F1Sch. 4 paras. 20A-20C inserted (3.2.1995) by 1993 c. 36, ss.43, 78(3) (with s. 78(6)); S.I. 1995/43, arts. 2, 3, Sch..
Marginal Citations