Part 4

Confiscation: Northern Ireland

Procedural matters

Provision of information by defendant
168
1
This section applies if—
a
the court is proceeding under section 156 in a case where section 156(3)(a) applies, or
b
it is proceeding under section 156 in a case where section 156(3)(b) applies or it is considering whether to proceed.
2
For the purpose of obtaining information to help it in carrying out its functions (including functions under section 160A) the court may at any time order the defendant to give it information specified in the order.
3
An order under this section may require all or a specified part of the information to be given in a specified manner and before a specified date.
4
If the defendant fails without reasonable excuse to comply with an order under this section the court may draw such inference as it believes is appropriate.
5
Subsection (4) does not affect any power of the court to deal with the defendant in respect of a failure to comply with an order under this section.
6
If the prosecutor ... accepts to any extent an allegation made by the defendant—
a
in giving information required by an order under this section, or
b
in any other statement given to the court in relation to any matter relevant to deciding—
i
the available amount under section 159, or
ii
whether to make a determination under section 160A, or what determination to make (if the court decides to make one),
the court may treat the acceptance as conclusive of the matters to which it relates.
7
For the purposes of this section an allegation may be accepted in a manner ordered by the court.
8
If the court makes an order under this section it may at any time vary it by making another one.
9
No information given under this section which amounts to an admission by the defendant that he has benefited from criminal conduct is admissible in evidence in proceedings for an offence.
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. 168 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
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)
Words in s. 168(6) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 41, Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
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.)
Words in s. 168(2) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 25(2)(a), 88(3)(a); S.R. 2015/190, reg. 3(1)(a)
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)
Words in s. 168(6)(b) substituted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 25(2)(b), 88(3)(a); S.R. 2015/190, reg. 3(1)(a)