Part 4

Confiscation: Northern Ireland

Confiscation orders

Appeals against orders under section 163A
163B
1
If on an application under section 163A(3)(b) the Crown Court decides not to make a compliance order, the prosecutor may appeal to the Court of Appeal against the decision.
2
The following persons may appeal to the Court of Appeal in respect of the Crown Court's decision to make, discharge or vary a compliance order—
a
the prosecutor;
b
any person affected by the order.
3
On an appeal under subsection (1) or (2) the Court of Appeal may—
a
confirm the decision, or
b
make such order as it believes is appropriate.
4
An appeal lies to the Supreme Court against a decision of the Court of Appeal under subsection (3).
5
An appeal under subsection (4) lies at the instance of any person who was a party to the proceedings before the Court of Appeal.
6
On an appeal under subsection (4) the Supreme Court may—
a
confirm the decision of the Court of Appeal, or
b
make such order as it believes is appropriate.
7
In this section “
compliance order
” means an order made under section 163A.
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 8(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
S. 163A, 163B inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 29, 88(3)(a) (with s. 86(4)); S.R. 2015/190, reg. 3(1)(c)
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 9(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 11(5)
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 6(5)
Pt. 4: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
Pt. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)
Pt. 4 functions of receiver extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)