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Changes over time for: Section 7
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
No longer has effect: 03/02/1995
Status:
Point in time view as at 22/08/1994. This version of this provision never came into effect.
Status
You are viewing this provision as it would have stood if it had come into force. It was repealed before it came into force.
Changes to legislation:
There are currently no known outstanding effects for the Criminal Justice Act 1993, Section 7.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Prospective
7 Confiscation orders.E+W
(1)In section 1 of the Drug 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”.
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