Part 2

Confiscation: England and Wales

Procedural matters

Provision of information by defendant
18
1
This section applies if—
a
the court is proceeding under section 6 in a case where section 6(3)(a) applies, or
b
it is proceeding under section 6 in a case where section 6(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 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 or the Director (as the case may be) 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 the available amount under section 9,
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.