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SCHEDULES

SCHEDULE 4U.K. Forfeiture Orders

Part IU.K. England and Wales

[F1Application of proceeds to compensate victimsU.K.

Textual Amendments

F1Sch. 4 para. 4A and preceding cross-heading inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 37(1), 100(5) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

4A(1)Where a court makes a forfeiture order in a case where—U.K.

(a)the offender has been convicted of an offence that has resulted in a person suffering personal injury, loss or damage, or

(b)any such offence is taken into consideration by the court in determining sentence,

the court may also order that an amount not exceeding a sum specified by the court is to be paid to that person out of the proceeds of the forfeiture.

(2)For this purpose the proceeds of the forfeiture means the aggregate amount of—

(a)any forfeited money, and

(b)the proceeds of the sale, disposal or realisation of any forfeited property, after deduction of the costs of the sale, disposal or realisation,

reduced by the amount of any payment under paragraph 2(1)(d) or 3(1).

(3)The court may make an order under this paragraph only if it is satisfied that but for the inadequacy of the offender's means it would have made a compensation order under [F2Chapter 2 of Part 7 of the Sentencing Code] under which the offender would have been required to pay compensation of an amount not less than the specified amount.]

Textual Amendments

F2Words in Sch. 4 para. 4A(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 172(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2