Part 4

Confiscation: Northern Ireland

Procedural matters

Postponement
164
1
The court may—
a
proceed under section 161 before it sentences the defendant for the offence (or any of the offences) concerned, or
b
postpone proceedings under section 161 for a specified period.
2
A period of postponement may be extended.
3
A period of postponement (including one as extended) must not end after the permitted period ends.
4
But subsection (3) does not apply if there are exceptional circumstances.
5
The permitted period is the period of two years starting with the date of conviction.
6
But if—
a
the defendant appeals against his conviction for the offence (or any of the offences) concerned, and
b
the period of three months (starting with the day when the appeal is determined or otherwise disposed of) ends after the period found under subsection (5),
the permitted period is that period of three months.
7
A postponement or extension may be made—
a
on application by the defendant;
b
on application by the prosecutor ...;
c
by the court of its own motion.
8
If—
a
proceedings are postponed for a period, and
b
an application to extend the period is made before it ends,
the application may be granted even after the period ends.
9
The date of conviction is—
a
the date on which the defendant was convicted of the offence concerned, or
b
if there are two or more offences and the convictions were on different dates, the date of the latest.
10
References to appealing include references to applying under Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (statement of case).
11
A confiscation order must not be quashed only on the ground that there was a defect or omission in the procedure connected with the application for or the granting of a postponement.
12
But subsection (11) does not apply if before it made the confiscation order the court—
a
imposed a fine on the defendant;
b
made an order falling within section 163(3);
c
made an order under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (compensation orders).
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)
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)
Words in s. 164(7)(b) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 38, Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
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)
S. 164 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.