PART 1

Proceeds of crime
CHAPTER 3

Northern Ireland

Confiscation: other amendments

Variation or discharge
30
1
In section 173 of the Proceeds of Crime Act 2002 (inadequacy of available amount: variation of confiscation order), in subsection (1)(b), after “the defendant” insert “ or the prosecutor ”.
2
After section 175 of that Act insert—

Recovery from estate of deceased defendant impractical: discharge of order
175A
1
This section applies if—
a
a court has made a confiscation order,
b
the defendant dies while the order is not satisfied, and
c
the prosecutor applies to the Crown Court for the discharge of the order.
2
The court may discharge the order if it appears to the court that—
a
it is not possible to recover anything from the estate of the deceased for the purpose of satisfying the order to any extent, or
b
it would not be reasonable to make any attempt, or further attempt, to recover anything from the estate of the deceased for that purpose.
3
Section 175A of that Act (inserted by subsection (2) above) applies to—
a
a confiscation order made under the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17)), or
b
a confiscation order made under Part 2 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)),
as it applies to a confiscation order made under the Proceeds of Crime Act 2002.
S. 30 in force at 1.6.2015 by S.R. 2015/190, reg. 3(1)(d)