Part I Appeal to Court of Appeal in Criminal Cases

Appeal against sentence

11AF1Quashing of certain confiscation orders: supplementary

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).