SCHEDULES

SCHEDULE 5Drug Trafficking Amendments

Part IAmendments of Drug Trafficking Offences Act 1986

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The following subsections shall be substituted for subsections (12) and (13) of section 38 (general interpretation)—

“(12)

Proceedings for an offence are concluded—

(a)

when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of a confiscation order being made in the proceedings;

(b)

on the satisfaction of a confiscation order made in the proceedings (whether by payment of the amount due under the order or by the defendant serving imprisonment in default).

(13)

An order is subject to appeal until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.”