C1C2Part 4Confiscation: Northern Ireland

Annotations:
Modifications etc. (not altering text)
C2

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.)

Committal

I1C2218C2 Committal by magistrates’ court

1

This section applies if—

a

a defendant is convicted of an offence by a magistrates’ court, and

b

the prosecutor asks the court to commit the defendant to the Crown Court with a view to a confiscation order being considered under section 156.

2

In such a case the magistrates’ court—

a

must commit the defendant to the Crown Court in respect of the offence, and

b

may commit him to the Crown Court in respect of any other offence falling within subsection (3).

3

An offence falls within this subsection if—

a

the defendant has been convicted of it by the magistrates’ court or any other court, and

b

the magistrates’ court has power to deal with him in respect of it.

4

If a committal is made under this section in respect of an offence or offences—

a

section 156 applies accordingly, and

b

the committal operates as a committal of the defendant to be dealt with by the Crown Court in accordance with section 219.

5

A committal under this section may be in custody or on bail.