Criminal Justice Act 1988

72 Making of confiscation orders. E+W

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where a court makes a confiscation order against a defendant in any proceedings, it shall be its duty, in respect of any offence of which he is convicted in those proceedings, to take account of the order before—

(a) imposing any fine on him;

(b) making any order involving any payment by him, other than an order under section 35 of the M1 Powers of Criminal Courts Act 1973 (compensation orders); or

(c) making any order under—

(i) section 27 of the M2 Misuse of Drugs Act 1971 (forfeiture orders); or

(ii) section 43 of the M3 Powers of Criminal Courts Act 1973 (deprivation orders),

but subject to that shall leave the order out of account in determining the appropriate sentence or other manner of dealing with him.

(6) No enactment restricting the power of a court dealing with an offender in a particular way from dealing with him also in any other way shall by reason only of the making of a confiscation order restrict the court from dealing with an offender in any way it considers appropriate in respect of an offence to which this Part of this Act applies.

(7) Where—

(a) a court makes both a confiscation order and an order for the payment of compensation under section 35 of the Powers of Criminal Courts Act 1973 against the same person in the same proceedings; and

(b) it appears to the court that he will not have sufficient means to satisfy both the orders in full,

it shall direct that so much of the compensation as will not in its opinion be recoverable because of the insufficiency of his means shall be paid out of any sums recovered under the confiscation order.

Textual Amendments

F1 S. 72(1)-(4) repealed (1.11.1995) by 1995 c. 11, s. 15(1)(4), Sch. 1 para. 1, Sch.2; S.I. 1995/2650, art.2

Marginal Citations

M1 1973 c. 62.

M2 1971 c. 38.

M3 1973 c. 62.