[F111AQuashing of certain confiscation orders: supplementaryE+W
(1)This section applies where the Court of Appeal—
(a)quash a confiscation order under section 11(3)(a) (“the quashed order”), and
(b)under section 11(3A), direct the Crown Court to proceed afresh under the relevant enactment.
(2)Nothing in this section prevents any sum paid by the appellant pursuant to the quashed order being a sum which is recoverable from the Secretary of State as a debt owing to the appellant, but the Court of Appeal may direct that any such sum is not to be repaid until such time as the Crown Court makes a confiscation order, or decides not to make such an order, when proceeding afresh pursuant to section 11(3A).
(3)Nothing in this section prevents an amount which would otherwise fall to be repaid as a result of the order being quashed being set against an amount which the appellant is required to pay by virtue of a confiscation order made by the Crown Court in those proceedings.
(4)In this section “confiscation order” and “relevant enactment” have the same meaning as in section 11(3D).]
Textual Amendments
F1S. 11A inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 140(3), 182(5) (with s. 180, Sch. 22 para. 39); S.I. 2010/145, art. 2(2), Sch. para. 10