Criminal Justice Act 1988

Powers of Criminal Courts Act 1973 (c. 62)

38 The Powers of Criminal Courts Act 1973 shall be amended as follows.

39 In subsection (1) of section 34A (power of Crown Court to order search of persons before it)—

(a) in paragraph (c), the words “other than an order under section 35 of this Act;” shall cease to have effect; and

(b) the following paragraph shall be inserted after that paragraph—

“(cc) the Crown Court makes an order against a person under section 35 of this Act;”.

40 The following subsection shall be substituted for section 35(4)—

“(4) In determining whether to make a compensation order against any person, and in determining the amount to be paid by any person under such an order, it shall be the duty of the court—

(a) to have regard to his means so far as they appear or are known to the court; and

(b) in a case where it is proposed to make against him both a compensation order and a confiscation order under Part VI of the Criminal Justice Act 1988, also to have regard to its duty under section 72(7) of that Act (duty where the court considers that the offender’s means are insufficient to satisfy both orders in full to order the payment out of sums recovered under the confiscation order of sums due under the compensation order)”.

41 In subsection (4)(b) of section 43 (power to deprive offender of property) for the words from “or” to the end there shall be substituted the words “or, where an order is made under subsection (1)(a) above, that he did not know, and had no reason to suspect, that the property was likely to be used for the purpose mentioned in that paragraph”.

42 In sub-paragraph (2A)(b) of paragraph 3 (which empowers a probation committee to provide certain facilities) of Schedule 3 for the words “subsection (3C) of that section,” there shall be substituted the words “section 12A(3) of that Act,”.