Part 4

Confiscation: Northern Ireland

Defendant absconds

Defendant neither convicted nor acquitted
178
1
This section applies if the following two conditions are satisfied.
2
The first condition is that—
a
proceedings for an offence or offences are started against a defendant but are not concluded,
b
he absconds, and
c
the period of three months (starting with the day the court believes he absconded) has ended.
3
The second condition is that—
a
the prosecutor ... applies to the Crown Court to proceed under this section, and
b
the court believes it is appropriate for it to do so.
4
If this section applies the court must proceed under section 156 in the same way as it must proceed if the two conditions there mentioned are satisfied; but this is subject to subsection (5).
5
If the court proceeds under section 156 as applied by this section, this Part has effect with these modifications—
a
any person the court believes is likely to be affected by an order under section 156 is entitled to appear before the court and make representations;
b
the court must not make an order under section 156 unless the prosecutor ... has taken reasonable steps to contact the defendant;
c
section 156(9) applies as if the reference to subsection (2) were to subsection (2) of this section;
d
sections 160, 166(4) and 167 to 170 must be ignored;
e
section 171 must be ignored while the defendant is still an absconder.
6
Once the defendant has ceased to be an absconder—
a
section 171 has effect as if subsection (1) read—
1
This section applies if—
a
a court has made a confiscation order,
b
the prosecutor believes that if the court were to find the amount of the defendant's benefit in pursuance of this section it would exceed the relevant amount,
c
before the end of the period of six years starting with the day when the defendant ceased to be an absconder, the prosecutor applies to the Crown Court to proceed under this section, and
d
the court believes it is appropriate for it to do so.
;
b
the modifications set out in subsection (5)(a) to (d) of this section do not apply to proceedings that take place by virtue of section 171 (as applied by this subsection).
7
If—
a
the court makes an order under section 156 as applied by this section, and
b
the defendant is later convicted in proceedings before the Crown Court of the offence (or any of the offences) concerned,
section 156 does not apply so far as that conviction is concerned.
S. 178 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch. (with arts. 4(3), 10-13)
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)
Words in s. 178(2)(c) substituted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 31(3), 88(3)(a); S.R. 2015/190, reg. 3(1)(e)
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)
Words in s. 178(5)(b) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 49(3), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
Words in s. 178(3)(a) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 49(2), 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. 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.)
S. 178(6) substituted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 31(4), 88(3)(a); S.R. 2015/190, reg. 3(1)(e)
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)