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Criminal Justice Act 1993

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Changes over time for: Section 7

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No longer has effect: 03/02/1995

Alternative versions:

Status:

Point in time view as at 22/08/1994. This version of this provision never came into effect. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the Criminal Justice Act 1993, Section 7. Help about Changes to Legislation

Prospective

7 Confiscation orders.E+W

(1)In section 1 of the M1Drug Trafficking Offences Act 1986 (confiscation orders), in subsection (1), for “the court” there shall be substituted then—

(a)if the prosecutor asks it to proceed under this section, or

(b)if the court considers that, even though the prosecutor has not asked it to do so, it is appropriate for it to proceed under this section,

it .

(2)After subsection (7) of that section there shall be inserted—

(7A)The standard of proof required to determine any question arising under this Act as to—

(a)whether a person has benefited from drug trafficking, or

(b)the amount to be recovered in his case by virtue of this section,

shall be that applicable in civil proceedings..

(3)In subsection (3) of section 4 of the Act of 1986 (amount to be recovered under confiscation order), for the words from “the amount appearing” to the end there shall be substituted

(a)the amount appearing to the court to be the amount that might be so realised, or

(b)a nominal amount, where it appears to the court (on the information available to it at the time) that the amount that might be so realised is nil.

Marginal Citations

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