Part 4

Confiscation: Northern Ireland

Appeals

Court’s powers on appeal
182
1
On an appeal under section 181(1) the Court of Appeal may confirm, quash or vary the confiscation order.
2
On an appeal under section 181(2) the Court of Appeal may confirm the decision, or if it believes the decision was wrong it may—
a
itself proceed under section 156 (ignoring subsections (1) to (3)), or
b
direct the Crown Court to proceed afresh under section 156.
2A
On an appeal under section 181(4) the Court of Appeal may—
a
confirm the determination, or
b
make such order as it believes is appropriate.
3
In proceeding afresh in pursuance of this section the Crown Court must comply with any directions the Court of Appeal may make.
4
If a court makes or varies a confiscation order under this section or in pursuance of a direction under this section it must—
a
have regard to any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;
b
have regard to any order which falls within section 163(3) and has been made against him in respect of the offence (or any of the offences) concerned, unless the order has already been taken into account by a court in deciding what is the free property held by the defendant for the purposes of section 159.
5
If the Court of Appeal proceeds under section 156 or the Crown Court proceeds afresh under that section in pursuance of a direction under this section subsections (6) to (10) apply.
6
If a court has already sentenced the defendant for the offence (or any of the offences) concerned, section 156 has effect as if his particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding his sentence for the offence or offences concerned.
7
If an order has been made against the defendant in respect of the offence (or any of the offences) concerned under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (compensation orders)—
a
the court must have regard to it, and
b
section 163(5) and (6) above do not apply so far as they relate to such orders .
8
Section 158(2) does not apply, and the rules applying instead are that the court must—
a
take account of conduct occurring before the relevant date;
b
take account of property obtained before that date;
c
take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.
9
In section 160—
a
the first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date;
b
the third assumption does not apply with regard to expenditure incurred by him on or after that date;
c
the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date.
10
Section 176 applies as it applies in the circumstances mentioned in subsection (1) of that section.
11
The relevant date is the date on which the Crown Court decided not to make a confiscation order.
S. 182 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. 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)
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. 182(7)(b) inserted (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 4 para. 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.)
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)
S. 182(2A) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 26(2), 88(3)(a); S.R. 2015/190, reg. 3(1)(a)