C1C2C3C5C4Part 4Confiscation: Northern Ireland
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: 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 (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 (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)
Defendant absconds
I1C2180C2 Discharge of order
1
Subsection (2) applies if—
a
the court makes a confiscation order under section 156 as applied by section 178,
b
the defendant is later tried for the offence or offences concerned and acquitted on all counts, and
c
he applies to the Crown Court to discharge the order.
2
In such a case the court must discharge the order.
3
Subsection (4) 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
subsection (1)(b) does not apply, and
d
he applies to the Crown Court to discharge the order.
4
In such a case the court may discharge the order if it finds that—
a
there has been undue delay in continuing the proceedings mentioned in section 178(2), or
b
the prosecutor does not intend to proceed with the prosecution.
5
If the court discharges a confiscation order under this section it may make such a consequential or incidental order as it believes is appropriate.
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)