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Criminal Justice (International Co-operation) Act 1990

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This is the original version (as it was originally enacted).

15Interest on sums unpaid under confiscation orders

(1)If any sum required to be paid by a person under a confiscation order is not paid when it is required to be paid (whether forthwith on the making of the order or at a time specified under section 31(1) of the [1973 c. 62.] Powers of Criminal Courts Act 1973 or under section 396(1) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975) that person shall be liable to pay interest on that sum for the period for which it remains unpaid and the amount of the interest shall for the purposes of enforcement be treated as part of the amount to be recovered from him under the confiscation order.

(2)The Crown Court or, in Scotland, the sheriff may, on the application of the prosecutor, increase the term of imprisonment or detention fixed in respect of the confiscation order under subsection (2) of section 31 of the said Act of 1973 (imprisonment in default of payment) or under subsection (2) of section 396 of the said Act of 1975 (which makes similar provision for Scotland) if the effect of subsection (1) above is to increase the maximum period applicable in relation to the order under subsection (3A) of the said section 31 or under section 407(1A) of the said Act of 1975.

(3)The rate of interest under subsection (1) above shall be that for the time being applying to a civil judgment debt under section 17 of the [1838 c. 110.] Judgments Act 1838 and in Scotland shall be the rate applicable to an award of damages in the Court of Session.

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