Part 4

Confiscation: Northern Ireland

Defendant absconds

Variation of order
179
1
This section applies if—
a
the court makes a confiscation order under section 156 as applied by section 178,
b
the defendant ceases to be an absconder,
c
he is convicted of an offence (or any of the offences) mentioned in section 178(2)(a),
d
he believes that the amount required to be paid was too large (taking the circumstances prevailing when the amount was found for the purposes of the order), and
e
before the end of the relevant period he applies to the Crown Court to consider the evidence on which his belief is based.
2
If (after considering the evidence) the court concludes that the defendant’s belief is well founded—
a
it must find the amount which should have been the amount required to be paid (taking the circumstances prevailing when the amount was found for the purposes of the order), and
b
it may vary the order by substituting for the amount required to be paid such amount as it believes is just.
3
The relevant period is the period of 28 days starting with—
a
the date on which the defendant was convicted of the offence mentioned in section 178(2)(a), or
b
if there are two or more offences and the the convictions were on different dates, the date of the latest.
4
But in a case where section 178(2)(a) applies to more than one offence the court must not make an order under this section unless it is satisfied that there is no possibility of any further proceedings being taken or continued in relation to any such offence in respect of which the defendant has not been convicted.
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)
S. 179 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
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)