he is convicted of an offence or offences in proceedings before the Crown Court;

he is committed to the Crown Court for sentence in respect of an offence or offences under section 3, 4 or 6 of the Sentencing Act;

he is committed to the Crown Court in respect of an offence or offences under section 70 below (committal with a view to a confiscation order being considered).

the prosecutor or the Director asks the court to proceed under this section, or

the court believes it is appropriate for it to do so.

it must decide whether the defendant has a criminal lifestyle;

if it decides that he has a criminal lifestyle it must decide whether he has benefited from his general criminal conduct;

if it decides that he does not have a criminal lifestyle it must decide whether he has benefited from his particular criminal conduct.

decide the recoverable amount, and

make an order (a confiscation order) requiring him to pay that amount.

the available amount, or

a nominal amount, if the available amount is nil.

the court believes is just, but

does not exceed the amount found under subsection (1) or (2) (as the case may be).

a recovery order is in force under section 266, or

a forfeiture order is in force under section 298(2),

deciding whether the defendant has benefited from conduct, and

deciding his benefit from the conduct.

take account of conduct occurring up to the time it makes its decision;

take account of property obtained up to that time.

the conduct concerned is general criminal conduct,

a confiscation order mentioned in subsection (5) has at an earlier time been made against the defendant, and

his benefit for the purposes of that order was benefit from his general criminal conduct.

the amount ordered to be paid under each confiscation order previously made against the defendant;

the amount ordered to be paid under each confiscation order previously made against him under any of the provisions listed in subsection (7).

the Drug Trafficking Offences Act 1986 (c. 32);

Part 1 of the Criminal Justice (Scotland) Act 1987 (c. 41);

Part 6 of the Criminal Justice Act 1988 (c. 33);

the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));

Part 1 of the Drug Trafficking Act 1994 (c. 37);

Part 1 of the Proceeds of Crime (Scotland) Act 1995 (c. 43);

the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9));

Part 3 or 4 of this Act.

the total of the values (at the time the confiscation order is made) of all the free property then held by the defendant minus the total amount payable in pursuance of obligations which then have priority, and

the total of the values (at that time) of all tainted gifts.

to pay an amount due in respect of a fine or other order of a court which was imposed or made on conviction of an offence and at any time before the time the confiscation order is made, or

to pay a sum which would be included among the preferential debts if the defendant’s bankruptcy had commenced on the date of the confiscation order or his winding up had been ordered on that date.

deciding whether he has benefited from his general criminal conduct, and

deciding his benefit from the conduct.

as a result of his general criminal conduct, and

at the earliest time he appears to have held it.

as a result of his general criminal conduct, and

at the earliest time he appears to have held it.

the assumption is shown to be incorrect, or

there would be a serious risk of injustice if the assumption were made.

the day when proceedings for the offence concerned were started against the defendant, or

if there are two or more offences and proceedings for them were started on different days, the earliest of those days.

the relevant day is the day when the defendant’s benefit was calculated for the purposes of the last such confiscation order;

the second assumption does not apply to any property which was held by him on or before the relevant day.

the date on which the defendant was convicted of the offence concerned, or

if there are two or more offences and the convictions were on different dates, the date of the latest.

must start with the day on which the confiscation order is made, and

must not exceed six months.

must start with the day on which the confiscation order is made, and

must not exceed 12 months.

may be made after the end of the specified period, but

must not be made after the end of the period of 12 months starting with the day on which the confiscation order is made.

the prosecutor, or

if the Director was appointed as the enforcement authority for the order under section 34, the Director,

an application has been made under section 11(4),

the application has not been determined by the court, and

the period of 12 months starting with the day on which the confiscation order was made has not ended.

it imposes a fine on the defendant, or

it makes an order falling within subsection (3).

an order involving payment by the defendant, other than an order under section 130 of the Sentencing Act (compensation orders);

an order under section 27 of the Misuse of Drugs Act 1971 (c. 38) (forfeiture orders);

an order under section 143 of the Sentencing Act (deprivation orders);

an order under section 23 of the Terrorism Act 2000 (c. 11) (forfeiture orders).

the Crown Court makes both a confiscation order and an order for the payment of compensation under section 130 of the Sentencing Act against the same person in the same proceedings, and

the court believes he will not have sufficient means to satisfy both the orders in full.

proceed under section 6 before it sentences the defendant for the offence (or any of the offences) concerned, or

postpone proceedings under section 6 for a specified period.

the defendant appeals against his conviction for the offence (or any of the offences) concerned, and

the period of three months (starting with the day when the appeal is determined or otherwise disposed of) ends after the period found under subsection (5),

on application by the defendant;

on application by the prosecutor or the Director (as the case may be);

by the court of its own motion.

proceedings are postponed for a period, and

an application to extend the period is made before it ends,

the date on which the defendant was convicted of the offence concerned, or

if there are two or more offences and the convictions were on different dates, the date of the latest.

imposed a fine on the defendant;

made an order falling within section 13(3);

made an order under section 130 of the Sentencing Act (compensation orders).

impose a fine on him,

make an order falling within section 13(3), or

make an order for the payment of compensation under section 130 of the Sentencing Act.

imposing a fine on him,

making an order falling within section 13(3), or

making an order for the payment of compensation under section 130 of the Sentencing Act.

section 18(2) of the Criminal Appeal Act 1968 (c. 19) (time limit for notice of appeal or of application for leave to appeal), and

paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (c. 33) (time limit for notice of application for leave to refer a case under section 36 of that Act),

whether the defendant has a criminal lifestyle;

whether he has benefited from his general criminal conduct;

his benefit from the conduct.

in connection with the making by the court of a required assumption under section 10;

for the purpose of enabling the court to decide if the circumstances are such that it must not make such an assumption.

whether the defendant has benefited from his particular criminal conduct;

his benefit from the conduct.

he may at any time give the court a further statement of information;

he must give the court a further statement of information if it orders him to do so, and he must give it within the period the court orders.

to indicate (within the period it orders) the extent to which he accepts each allegation in the statement, and

so far as he does not accept such an allegation, to give particulars of any matters he proposes to rely on.

any allegation in respect of which he has complied with the requirement;

any allegation that he has benefited from his general or particular criminal conduct.

the court is proceeding under section 6 in a case where section 6(3)(a) applies, or

it is proceeding under section 6 in a case where section 6(3)(b) applies or it is considering whether to proceed.

in giving information required by an order under this section, or

in any other statement given to the court in relation to any matter relevant to deciding the available amount under section 9,

the first condition in section 6 is satisfied but no court has proceeded under that section,

there is evidence which was not available to the prosecutor on the relevant date,

before the end of the period of six years starting with the date of conviction the prosecutor or the Director applies to the Crown Court to consider the evidence, and

after considering the evidence the court believes it is appropriate for it to proceed under section 6.

take account of conduct occurring before the relevant date;

take account of property obtained before that date;

take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.

the first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date;

the third assumption does not apply with regard to expenditure incurred by him on or after that date;

the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date.

the court believes is just, but

does not exceed the amount found under section 7.

the amount found under section 7;

any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;

any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by the court in deciding what is the free property held by him for the purposes of section 9;

any order which has been made against him in respect of the offence (or any of the offences) concerned under section 130 of the Sentencing Act (compensation orders).

if the court made a decision not to proceed under section 6, the date of the decision;

if the court did not make such a decision, the date of conviction.

the date on which the defendant was convicted of the offence concerned, or

if there are two or more offences and the convictions were on different dates, the date of the latest.

the defendant has a criminal lifestyle but has not benefited from his general criminal conduct, or

the defendant does not have a criminal lifestyle and has not benefited from his particular criminal conduct.

the Director has evidence which was not available to him when the court decided that the defendant had not benefited from his general or particular criminal conduct,

before the end of the period of six years starting with the date of conviction the Director applies to the Crown Court to consider the evidence, and

after considering the evidence the court concludes that it would have decided that the defendant had benefited from his general or particular criminal conduct (as the case may be) if the evidence had been available to it.

there is evidence which was not available to the prosecutor when the court decided that the defendant had not benefited from his general or particular criminal conduct,

before the end of the period of six years starting with the date of conviction the prosecutor or the Director applies to the Crown Court to consider the evidence, and

after considering the evidence the court concludes that it would have decided that the defendant had benefited from his general or particular criminal conduct (as the case may be) if the evidence had been available to it.

must make a fresh decision under section 6(4)(b) or (c) whether the defendant has benefited from his general or particular criminal conduct (as the case may be);

may make a confiscation order under that section.

take account of conduct occurring before the date of the original decision that the defendant had not benefited from his general or particular criminal conduct;

take account of property obtained before that date;

take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.

the first and second assumptions do not apply with regard to property first held by the defendant on or after the date of the original decision that the defendant had not benefited from his general or particular criminal conduct;

the third assumption does not apply with regard to expenditure incurred by him on or after that date;

the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date.

the court believes is just, but

does not exceed the amount found under section 7.

the amount found under section 7;

any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;

any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by the court in deciding what is the free property held by him for the purposes of section 9;

any order which has been made against him in respect of the offence (or any of the offences) concerned under section 130 of the Sentencing Act (compensation orders).

a court has made a confiscation order,

there is evidence which was not available to the prosecutor or the Director at the relevant time,

the prosecutor or the Director believes that if the court were to find the amount of the defendant’s benefit in pursuance of this section it would exceed the relevant amount,

before the end of the period of six years starting with the date of conviction the prosecutor or the Director applies to the Crown Court to consider the evidence, and

after considering the evidence the court believes it is appropriate for it to proceed under this section.

take account of conduct occurring up to the time it decided the defendant’s benefit for the purposes of the confiscation order;

take account of property obtained up to that time;

take account of property obtained after that time if it was obtained as a result of or in connection with conduct occurring before that time.

the first and second assumptions do not apply with regard to property first held by the defendant after the time the court decided his benefit for the purposes of the confiscation order;

the third assumption does not apply with regard to expenditure incurred by him after that time;

the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him after that time.

must make a new calculation of the recoverable amount for the purposes of section 6, and

if it exceeds the amount required to be paid under the confiscation order, may vary the order by substituting for the amount required to be paid such amount as it believes is just.

take the new calculation of the defendant’s benefit;

apply section 9 as if references to the time the confiscation order is made were to the time of the new calculation of the recoverable amount and as if references to the date of the confiscation order were to the date of that new calculation.

any fine imposed on the defendant for the offence (or any of the offences) concerned;

any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by the court in deciding what is the free property held by him for the purposes of section 9;

any order which has been made against him in respect of the offence (or any of the offences) concerned under section 130 of the Sentencing Act (compensation orders).

when the court calculated the defendant’s benefit for the purposes of the confiscation order, if this section has not applied previously;

when the court last calculated the defendant’s benefit in pursuance of this section, if this section has applied previously.

the amount found as the defendant’s benefit for the purposes of the confiscation order, if this section has not applied previously;

the amount last found as the defendant’s benefit in pursuance of this section, if this section has applied previously.

a court has made a confiscation order,

the amount required to be paid was the amount found under section 7(2), and

an applicant falling within subsection (2) applies to the Crown Court to make a new calculation of the available amount.

the prosecutor;

the Director;

a receiver appointed under section 50 or 52.

it believes is just, but

does not exceed the amount found as the defendant’s benefit from the conduct concerned.

any fine imposed on the defendant for the offence (or any of the offences) concerned;

any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by the court in deciding what is the free property held by him for the purposes of section 9;

any order which has been made against him in respect of the offence (or any of the offences) concerned under section 130 of the Sentencing Act (compensation orders).

the amount found as the available amount for the purposes of the confiscation order, if this section has not applied previously;

the amount last found as the available amount in pursuance of this section, if this section has applied previously.

the amount so found when the confiscation order was made, or

if one or more new calculations of the defendant’s benefit have been made under section 21 the amount found on the occasion of the last such calculation.

a court has made a confiscation order, and

the defendant, or a receiver appointed under section 50 or 52, applies to the Crown Court to vary the order under this section.

a court has made a confiscation order,

F1the designated officer for a magistrates' court applies to the Crown Court for the discharge of the order, and

the amount remaining to be paid under the order is less than £1,000.

finds that the available amount (as so calculated) is inadequate to meet the amount remaining to be paid, and

is satisfied that the inadequacy is due wholly to a specified reason or a combination of specified reasons,

in a case where any of the realisable property consists of money in a currency other than sterling, that fluctuations in currency exchange rates have occurred;

any reason specified by the Secretary of State by order.

a court has made a confiscation order,

F2the designated officer for a magistrates' court applies to the Crown Court for the discharge of the order, and

the amount remaining to be paid under the order is £50 or less.

the court proceeds under section 6 in pursuance of section 19 or 20, or

the prosecutor or the Director applies under section 21.

the prosecutor or the Director (as the case may be) must give the court a statement of information within the period the court orders;

section 16 applies accordingly (with appropriate modifications where the prosecutor or the Director applies under section 21);

section 17 applies accordingly;

section 18 applies as it applies in the circumstances mentioned in section 18(1).

he is convicted of an offence or offences in proceedings before the Crown Court,

he is committed to the Crown Court for sentence in respect of an offence or offences under F3section 3, 3A, 3B, 3C, 4, 4A or 6 of the Sentencing Act, or

he is committed to the Crown Court in respect of an offence or offences under section 70 below (committal with a view to a confiscation order being considered).

the prosecutor or the Director applies to the Crown Court to proceed under this section, and

the court believes it is appropriate for it to do so.

any person the court believes is likely to be affected by an order under section 6 is entitled to appear before the court and make representations;

the court must not make an order under section 6 unless the prosecutor or the Director (as the case may be) has taken reasonable steps to contact the defendant;

section 6(9) applies as if the reference to subsection (2) were to subsection (2) of this section;

sections 10, 16(4), 17 and 18 must be ignored;

sections 19, 20 and 21 must be ignored while the defendant is still an absconder.

proceedings for an offence or offences are started against a defendant but are not concluded,

he absconds, and

the period of two years (starting with the day the court believes he absconded) has ended.

the prosecutor or the Director applies to the Crown Court to proceed under this section, and

the court believes it is appropriate for it to do so.

any person the court believes is likely to be affected by an order under section 6 is entitled to appear before the court and make representations;

the court must not make an order under section 6 unless the prosecutor or the Director (as the case may be) has taken reasonable steps to contact the defendant;

section 6(9) applies as if the reference to subsection (2) were to subsection (2) of this section;

sections 10, 16(4) and 17 to 20 must be ignored;

section 21 must be ignored while the defendant is still an absconder.

the day when proceedings for the offence concerned were started against the defendant, or

if there are two or more offences and proceedings for them were started on different days, the earliest of those days.

the court makes an order under section 6 as applied by this section, and

the defendant is later convicted in proceedings before the Crown Court of the offence (or any of the offences) concerned,

the court makes a confiscation order under section 6 as applied by section 28,

the defendant ceases to be an absconder,

he is convicted of an offence (or any of the offences) mentioned in section 28(2)(a),

he believes that the amount required to be paid was too large (taking the circumstances prevailing when the amount was found for the purposes of the order), and

before the end of the relevant period he applies to the Crown Court to consider the evidence on which his belief is based.

it must find the amount which should have been the amount required to be paid (taking the circumstances prevailing when the amount was found for the purposes of the order), and

it may vary the order by substituting for the amount required to be paid such amount as it believes is just.

the date on which the defendant was convicted of the offence mentioned in section 28(2)(a), or

if there are two or more offences and the convictions were on different dates, the date of the latest.

the court makes a confiscation order under section 6 as applied by section 28,

the defendant is later tried for the offence or offences concerned and acquitted on all counts, and

he applies to the Crown Court to discharge the order.

the court makes a confiscation order under section 6 as applied by section 28,

the defendant ceases to be an absconder,

subsection (1)(b) does not apply, and

he applies to the Crown Court to discharge the order.

there has been undue delay in continuing the proceedings mentioned in section 28(2), or

the prosecutor does not intend to proceed with the prosecution.

itself proceed under section 6 (ignoring subsections (1) to (3)), or

direct the Crown Court to proceed afresh under section 6.

have regard to any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;

have regard to any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned, unless the order has already been taken into account by a court in deciding what is the free property held by the defendant for the purposes of section 9.

the court must have regard to it, and

section 13(5) and (6) above do not apply.

take account of conduct occurring before the relevant date;

take account of property obtained before that date;

take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.

the first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date;

the third assumption does not apply with regard to expenditure incurred by him on or after that date;

the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date.

the defendant or the prosecutor (if the prosecutor appealed under section 31);

the defendant or the Director (if the Director appealed under section 31).

confirm the decision, or

direct the Crown Court to proceed afresh under section 6 if it believes the decision was wrong.

have regard to any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;

have regard to any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned, unless the order has already been taken into account by a court in deciding what is the free property held by the defendant for the purposes of section 9.

the Crown Court must have regard to it, and

section 13(5) and (6) above do not apply.

take account of conduct occurring before the relevant date;

take account of property obtained before that date;

take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.

the first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date;

the third assumption does not apply with regard to expenditure incurred by him on or after that date;

the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date.

in a case where the Crown Court made a confiscation order which was quashed by the Court of Appeal, the date on which the Crown Court made the order;

in any other case, the date on which the Crown Court decided not to make a confiscation order.

the court proceeded under section 6 after being asked to do so by the Director;

the court proceeded under section 6 by virtue of an application by the Director under section 19, 20, 27 or 28;

the court proceeded under section 6 as a result of an appeal by the Director under section 31(2) or 33;

before the court made the order the Director applied to the court to appoint him as the enforcement authority for the order.

makes a confiscation order, and

does not appoint the Director as the enforcement authority for the order.

ignore section 75 of that Act (power to dispense with immediate payment);

such an amount is not a sum adjudged to be paid by a conviction for the purposes of section 81 (enforcement of fines imposed on young offenders) or a fine for the purposes of section 85 (remission of fines) of that Act;

in section 87 of that Act ignore subsection (3) (inquiry into means).

makes a confiscation order, and

appoints the Director as the enforcement authority for the order.

a confiscation order has been made;

the Director has been appointed as the enforcement authority for the order;

because of the defendant’s wilful refusal or culpable neglect the order is not satisfied;

the order is not subject to appeal;

the Director has done all that is practicable (apart from this section) to enforce the order.

the defendant appears before the Crown Court in pursuance of the summons or of a warrant issued under subsection (4), and

the court is satisfied that the conditions set out in subsection (2) are satisfied,

the defendant has been committed to prison or detention in pursuance of a warrant issued under subsection (5), and

a payment is made in respect of some or all of the amount remaining to be paid under the confiscation order.

a warrant committing the defendant to prison or detention is issued for a default in payment of an amount ordered to be paid under a confiscation order in respect of an offence or offences, and

at the time the warrant is issued the defendant is liable to serve a term of custody in respect of the offence (or any of the offences).

any sentence suspended under F4section 189(1) of the Criminal Justice Act 2003 which has not taken effect at the time the warrant is issued;

in the case of a sentence of imprisonment passed with an order under section 47(1) of the Criminal Law Act 1977 (c. 45) (sentences of imprisonment partly served and partly suspended) any part of the sentence which the defendant has not at that time been required to serve in prison;

any term of imprisonment or detention fixed under section 139(2) of the Sentencing Act (term to be served in default of payment of fine etc) for which a warrant committing the defendant to prison or detention has not been issued at that time.

a court varies a confiscation order under section 21, 22, 23, 29, 32 or 33,

the effect of the variation is to vary the maximum period applicable in relation to the order under section 139(4) of the Sentencing Act, and

the result is that that maximum period is less than the term of imprisonment or detention fixed in respect of the order under section 139(2) of the Sentencing Act.

the Director, if he was appointed as the enforcement authority for the order under section 34;

the prosecutor, in any other case.

a criminal investigation has been started in England and Wales with regard to an offence, and

there is reasonable cause to believe that the alleged offender has benefited from his criminal conduct.

proceedings for an offence have been started in England and Wales and not concluded, and

there is reasonable cause to believe that the defendant has benefited from his criminal conduct.

an application by the prosecutor or the Director has been made under section 19, 20, 27 or 28 and not concluded, or the court believes that such an application is to be made, and

there is reasonable cause to believe that the defendant has benefited from his criminal conduct.

an application by the prosecutor or the Director has been made under section 21 and not concluded, or the court believes that such an application is to be made, and

there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the defendant’s benefit exceeds the relevant amount (as defined in that section).

an application by the prosecutor or the Director has been made under section 22 and not concluded, or the court believes that such an application is to be made, and

there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the available amount exceeds the relevant amount (as defined in that section).

there has been undue delay in continuing the proceedings, or

the prosecutor does not intend to proceed.

there has been undue delay in continuing the application, or

the prosecutor or the Director (as the case may be) does not intend to proceed.

references in this Part to the defendant are to the alleged offender;

references in this Part to the prosecutor are to the person the court believes is to have conduct of any proceedings for the offence;

section 77(9) has effect as if proceedings for the offence had been started against the defendant when the investigation was started.

to all realisable property held by the specified person whether or not the property is described in the order;

to realisable property transferred to the specified person after the order is made.

make provision for reasonable living expenses and reasonable legal expenses;

make provision for the purpose of enabling any person to carry on any trade, business, profession or occupation;

be made subject to conditions.

relate to an offence which falls within subsection (5), and

are incurred by the defendant or by a recipient of a tainted gift.

the offence mentioned in section 40(2) or (3), if the first or second condition (as the case may be) is satisfied;

the offence (or any of the offences) concerned, if the third, fourth or fifth condition is satisfied.

a court makes a restraint order, and

the applicant for the order applies to the court to proceed under subsection (7) (whether as part of the application for the restraint order or at any time afterwards).

section 9 of the Drug Trafficking Offences Act 1986 (c. 32);

section 78 of the Criminal Justice Act 1988 (c. 33);

Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));

section 27 of the Drug Trafficking Act 1994 (c. 37);

Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).

may be made only on an application by an applicant falling within subsection (2);

may be made on an ex parte application to a judge in chambers.

the prosecutor;

the Director;

an accredited financial investigator.

the person who applied for the order;

any person affected by the order.

may discharge the order;

may vary the order.

the person who applied for the order;

any person affected by the order.

confirm the decision, or

make such order as it believes is appropriate.

confirm the decision of the Court of Appeal, or

make such order as it believes is appropriate.

for a restraint order;

for the discharge or variation of a restraint order;

on an appeal under section 43 or 44.

apply in relation to restraint orders as they apply in relation to orders which affect land and are made by the court for the purpose of enforcing judgments or recognisances;

apply in relation to applications for restraint orders as they apply in relation to other pending land actions.

the Land Registration Act 1925 (c. 21);

the Land Charges Act 1972 (c. 61);

the Land Registration Act 2002 (c. 9).

the application relates, or

a restraint order made in pursuance of the application relates.

the Crown Court makes a restraint order, and

the applicant for the restraint order applies to the court to proceed under subsection (2) (whether as part of the application for the restraint order or at any time afterwards).

power to take possession of the property;

power to manage or otherwise deal with the property;

power to start, carry on or defend any legal proceedings in respect of the property;

power to realise so much of the property as is necessary to meet the receiver’s remuneration and expenses.

search for or inspect anything authorised by the court;

make or obtain a copy, photograph or other record of anything so authorised;

remove anything which the receiver is required or authorised to take possession of in pursuance of an order of the court.

hold property;

enter into contracts;

sue and be sued;

employ agents;

execute powers of attorney, deeds or other instruments;

take any other steps the court thinks appropriate.

may order a person holding an interest in realisable property to which the restraint order applies to make to the receiver such payment as the court specifies in respect of a beneficial interest held by the defendant or the recipient of a tainted gift;

may (on the payment being made) by order transfer, grant or extinguish any interest in the property.

section 9 of the Drug Trafficking Offences Act 1986 (c. 32);

section 78 of the Criminal Justice Act 1988 (c. 33);

Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));

section 27 of the Drug Trafficking Act 1994 (c. 37);

Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).

confer the power mentioned in subsection (2)(b) or (d) in respect of property, or

exercise the power conferred on it by subsection (6) in respect of property,

selling the property or any part of it or interest in it;

carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property;

incurring capital expenditure in respect of the property.

a confiscation order is made,

it is not satisfied, and

it is not subject to appeal.

power to take possession of the property;

power to manage or otherwise deal with the property;

power to realise the property, in such manner as the court may specify;

power to start, carry on or defend any legal proceedings in respect of the property.

search for or inspect anything authorised by the court;

make or obtain a copy, photograph or other record of anything so authorised;

remove anything which the receiver is required or authorised to take possession of in pursuance of an order of the court.

hold property;

enter into contracts;

sue and be sued;

employ agents;

execute powers of attorney, deeds or other instruments;

take any other steps the court thinks appropriate.

may order a person holding an interest in realisable property to make to the receiver such payment as the court specifies in respect of a beneficial interest held by the defendant or the recipient of a tainted gift;

may (on the payment being made) by order transfer, grant or extinguish any interest in the property.

section 9 of the Drug Trafficking Offences Act 1986 (c. 32);

section 78 of the Criminal Justice Act 1988 (c. 33);

Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));

section 27 of the Drug Trafficking Act 1994 (c. 37);

Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).

confer the power mentioned in subsection (2)(b) or (c) in respect of property, or

exercise the power conferred on it by subsection (6) in respect of property,

selling the property or any part of it or interest in it;

carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property;

incurring capital expenditure in respect of the property.

a confiscation order is made, and

the Director is appointed as the enforcement authority for the order under section 34.

the confiscation order was made by the Court of Appeal, and

when the Crown Court comes to proceed under this section the confiscation order has been satisfied.

must confer power on the Director to nominate the person who is to be the receiver, and

takes effect when the Director nominates that person.

is not satisfied, and

is not subject to appeal.

a member of the staff of the Agency;

a person providing services under arrangements made by the Director.

power to take possession of the property;

power to manage or otherwise deal with the property;

power to realise the property, in such manner as the court may specify;

power to start, carry on or defend any legal proceedings in respect of the property.

search for or inspect anything authorised by the court;

make or obtain a copy, photograph or other record of anything so authorised;

remove anything which the receiver is required or authorised to take possession of in pursuance of an order of the court.

hold property;

enter into contracts;

sue and be sued;

employ agents;

execute powers of attorney, deeds or other instruments;

take any other steps the court thinks appropriate.

may order a person holding an interest in realisable property to make to the receiver such payment as the court specifies in respect of a beneficial interest held by the defendant or the recipient of a tainted gift;

may (on the payment being made) by order transfer, grant or extinguish any interest in the property.

section 9 of the Drug Trafficking Offences Act 1986 (c. 32);

section 78 of the Criminal Justice Act 1988 (c. 33);

Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));

section 27 of the Drug Trafficking Act 1994 (c. 37);

Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).

confer the power mentioned in subsection (2)(b) or (c) in respect of property, or

exercise the power conferred on it by subsection (6) in respect of property,

selling the property or any part of it or interest in it;

carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property;

incurring capital expenditure in respect of the property.

the proceeds of the realisation of property under section 51;

sums (other than those mentioned in paragraph (a)) in which the defendant holds an interest.

first, they must be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under this subsection by virtue of section 432;

second, they must be applied in making any payments directed by the Crown Court;

third, they must be applied on the defendant’s behalf towards satisfaction of the confiscation order.

among such persons who held (or hold) interests in the property concerned as the Crown Court directs, and

in such proportions as it directs.

the property represented by the proceeds mentioned in subsection (1)(a);

the sums mentioned in subsection (1)(b).

are payable under this subsection by virtue of section 432, but

are not already paid under section 54(2)(a).

first, in payment of the remuneration and expenses of a receiver appointed under section 48, to the extent that they have not been met by virtue of the exercise by that receiver of a power conferred under section 49(2)(d);

second, in payment of the remuneration and expenses of the receiver appointed under section 50.

the proceeds of the realisation of property under section 53;

sums (other than those mentioned in paragraph (a)) in which the defendant holds an interest.

first, they must be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under this subsection by virtue of section 432;

second, they must be applied in making any payments directed by the Crown Court;

third, they must be applied on the defendant’s behalf towards satisfaction of the confiscation order by being paid to the Director on account of the amount payable under it.

among such persons who held (or hold) interests in the property concerned as the Crown Court directs, and

in such proportions as it directs.

the property represented by the proceeds mentioned in subsection (1)(a);

the sums mentioned in subsection (1)(b).

are payable under this subsection by virtue of section 432, but

are not already paid under section 56(2)(a).

first, in payment of the remuneration and expenses of a receiver appointed under section 48, to the extent that they have not been met by virtue of the exercise by that receiver of a power conferred under section 49(2)(d);

second, in payment of the remuneration and expenses of the receiver appointed under section 52.

the applicant for the restraint order, and

any receiver appointed in respect of the property under section 48, 50 or 52.

the prosecutor, and

the receiver (if the order under section 50 has been made).

the Crown Court has made an order under section 52 for the appointment of a receiver in respect of any realisable property, and

the order has taken effect.

the Director, and

the receiver.

any person affected by action taken by the receiver;

any person who may be affected by action the receiver proposes to take.

the receiver;

the person who applied for the order or (if the order was made under section 52 or 53) the Director;

any person affected by the order.

may discharge the order;

may vary the order.

if the condition in section 40 which was satisfied was that proceedings were started or an application was made, the court must discharge the order on the conclusion of the proceedings or of the application (as the case may be);

if the condition which was satisfied was that an investigation was started or an application was to be made, the court must discharge the order if within a reasonable time proceedings for the offence are not started or the application is not made (as the case may be).

a receiver stands appointed under section 48 in respect of realisable property (the management receiver), and

the court appoints a receiver under section 50 or makes an order for the appointment of a receiver under section 52.

from his appointment under section 48;

from any obligation under this Act arising from his appointment.

the person who applied for the order;

any person affected by the order.

the person who applied for the order;

any person affected by the order;

the receiver.

the person who applied for the order in respect of which the application was made or (if the order was made under section 52 or 53) the Director;

any person affected by the court’s decision;

the receiver.

confirm the decision, or

make such order as it believes is appropriate.

confirm the decision of the Court of Appeal, or

make such order as it believes is appropriate.

is held by a person, and

is held in an account maintained by him with a bank or a building society.

has been seized by a constable under section 19 of the Police and Criminal Evidence Act 1984 (c. 60) (general power of seizure etc), and

is held in an account maintained by a police force with a bank or a building society.

has been seized by a customs officer under section 19 of the 1984 Act as applied by order made under section 114(2) of that Act, and

is held in an account maintained by the Commissioners of Customs and Excise with a bank or a building society.

a restraint order has effect in relation to money to which this section applies;

a confiscation order is made against the person by whom the money is held;

the Director has not been appointed as the enforcement authority for the confiscation order;

a receiver has not been appointed under section 50 in relation to the money;

any period allowed under section 11 for payment of the amount ordered to be paid under the confiscation order has ended.

the magistrates’ court may order it to pay an amount not exceeding £5,000, and

for the purposes of the Magistrates’ Courts Act 1980 (c. 43) the sum is to be treated as adjudged to be paid by a conviction of the court.

a bank is a deposit-taking business within the meaning of the Banking Act 1987 (c. 22);

“building society” has the same meaning as in the Building Societies Act 1986 (c. 53).

an application under section 41, 42, 48, 49 or 63;

an appeal under section 43, 44, 65 or 66.

a police officer who is not below the rank of superintendent,

a customs officer who is not below such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank,

an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State under section 453.

an application for a restraint order is made by an accredited financial investigator, and

a court is required under section 58(6) to give the applicant for the order an opportunity to be heard,

the powers conferred on a court by sections 41 to 60 and sections 62 to 67;

the powers of a receiver appointed under section 48, 50 or 52.

must be exercised with a view to the value for the time being of realisable property being made available (by the property’s realisation) for satisfying any confiscation order that has been or may be made against the defendant;

must be exercised, in a case where a confiscation order has not been made, with a view to securing that there is no diminution in the value of realisable property;

must be exercised without taking account of any obligation of the defendant or a recipient of a tainted gift if the obligation conflicts with the object of satisfying any confiscation order that has been or may be made against the defendant;

may be exercised in respect of a debt owed by the Crown.

the powers must be exercised with a view to allowing a person other than the defendant or a recipient of a tainted gift to retain or recover the value of any interest held by him;

in the case of realisable property held by a recipient of a tainted gift, the powers must be exercised with a view to realising no more than the value for the time being of the gift;

in a case where a confiscation order has not been made against the defendant, property must not be sold if the court so orders under subsection (4).

a defendant is convicted of an offence by a magistrates’ court, and

the prosecutor asks the court to commit the defendant to the Crown Court with a view to a confiscation order being considered under section 6.

must commit the defendant to the Crown Court in respect of the offence, and

may commit him to the Crown Court in respect of any other offence falling within subsection (3).

the defendant has been convicted of it by the magistrates’ court or any other court, and

the magistrates’ court has power to deal with him in respect of it.

section 6 applies accordingly, and

the committal operates as a committal of the defendant to be dealt with by the Crown Court in accordance with section 71.

must inquire into the circumstances of the case, and

may deal with the defendant in any way in which it could deal with him if he had just been convicted of the offence on indictment before it.

must inquire into the circumstances of the case, and

may deal with the defendant in any way in which the magistrates’ court could deal with him if it had just convicted him of the offence.

they do not result in his conviction for the offence, or

he is convicted of the offence but the conviction is quashed or he is pardoned in respect of it.

in the criminal investigation there has been a serious default by a person mentioned in subsection (9), and

the investigation would not have continued if the default had not occurred.

in the criminal investigation with regard to the offence or in its prosecution there has been a serious default by a person who is mentioned in subsection (9), and

the proceedings would not have been started or continued if the default had not occurred.

if the person in default was or was acting as a member of a police force, the compensation is payable out of the police fund from which the expenses of that force are met;

if the person in default was a member of the Crown Prosecution Service or was acting on its behalf, the compensation is payable by the Director of Public Prosecutions;

if the person in default was a member of the Serious Fraud Office, the compensation is payable by the Director of that Office;

if the person in default was a member of or acting on behalf of the Revenue and Customs Prosecutions Office, the compensation is payable by the Director of Revenue and Customs Prosecutions;

if the person in default was an officer of the Commissioners of Inland Revenue, the compensation is payable by those Commissioners.

the court varies a confiscation order under section 29 or discharges one under section 30, and

an application is made to the Crown Court by a person who held realisable property and has suffered loss as a result of the making of the order.

to the applicant;

by the Lord Chancellor.

any of the conditions in section 40 is satisfied,

the prosecutor or the Director believes that realisable property is situated in a country or territory outside the United Kingdom (the receiving country), and

the prosecutor or the Director (as the case may be) sends a request for assistance to the Secretary of State with a view to it being forwarded under this section.

any person is prohibited from dealing with realisable property;

realisable property is realised and the proceeds are applied in accordance with the law of the receiving country.

that property has been realised in pursuance of a request under subsection (3),

the date of realisation, and

the proceeds of realisation.

it is specified in Schedule 2;

it constitutes conduct forming part of a course of criminal activity;

it is an offence committed over a period of at least six months and the defendant has benefited from the conduct which constitutes the offence.

in the proceedings in which he was convicted he was convicted of three or more other offences, each of three or more of them constituting conduct from which he has benefited, or

in the period of six years ending with the day when those proceedings were started (or, if there is more than one such day, the earliest day) he was convicted on at least two separate occasions of an offence constituting conduct from which he has benefited.

benefit from conduct which constitutes the offence;

benefit from any other conduct which forms part of the course of criminal activity and which constitutes an offence of which the defendant has been convicted;

benefit from conduct which constitutes an offence which has been or will be taken into consideration by the court in sentencing the defendant for an offence mentioned in paragraph (a) or (b).

benefit from conduct which constitutes the offence;

benefit from conduct which constitutes an offence which has been or will be taken into consideration by the court in sentencing the defendant for the offence mentioned in paragraph (a).

constitutes an offence in England and Wales, or

would constitute such an offence if it occurred in England and Wales.

whether conduct occurred before or after the passing of this Act;

whether property constituting a benefit from conduct was obtained before or after the passing of this Act.

conduct which constitutes the offence or offences concerned;

conduct which constitutes offences of which he was convicted in the same proceedings as those in which he was convicted of the offence or offences concerned;

conduct which constitutes offences which the court will be taking into consideration in deciding his sentence for the offence or offences concerned.

no court has made a decision as to whether the defendant has a criminal lifestyle, or

a court has decided that the defendant has a criminal lifestyle.

which was obtained by the defendant as a result of or in connection with his general criminal conduct, or

which (in whole or part and whether directly or indirectly) represented in the defendant’s hands property obtained by him as a result of or in connection with his general criminal conduct.

the date on which the offence concerned was committed, or

if his particular criminal conduct consists of two or more offences and they were committed on different dates, the date of the earliest.

the day when proceedings for the offence concerned were started against the defendant, or

if there are two or more offences and proceedings for them were started on different days, the earliest of those days.

whose numerator is the difference between the two values mentioned in subsection (1), and

whose denominator is the value of the property at the time of the transfer.

section 9 of the Drug Trafficking Offences Act 1986 (c. 32);

section 78 of the Criminal Justice Act 1988 (c. 33);

Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));

section 27 of the Drug Trafficking Act 1994 (c. 37);

Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).

the value of the property (at the time the person obtained it) adjusted to take account of later changes in the value of money;

the value (at the material time) of the property found under subsection (3).

if the person holds the property obtained, the property found under this subsection is that property;

if he holds no part of the property obtained, the property found under this subsection is any property which directly or indirectly represents it in his hands;

if he holds part of the property obtained, the property found under this subsection is that part and any property which directly or indirectly represents the other part in his hands.

the value (at the time of the gift) of the property given, adjusted to take account of later changes in the value of money;

the value (at the material time) of the property found under subsection (2).

if the recipient holds the property given, the property found under this subsection is that property;

if the recipient holds no part of the property given, the property found under this subsection is any property which directly or indirectly represents it in his hands;

if the recipient holds part of the property given, the property found under this subsection is that part and any property which directly or indirectly represents the other part in his hands.

money;

all forms of real or personal property;

things in action and other intangible or incorporeal property.

property is held by a person if he holds an interest in it;

property is obtained by a person if he obtains an interest in it;

property is transferred by one person to another if the first one transfers or grants an interest in it to the second;

references to property held by a person include references to property vested in his trustee in bankruptcy, permanent or interim trustee (within the meaning of the Bankruptcy (Scotland) Act 1985 (c. 66)) or liquidator;

references to an interest held by a person beneficially in property include references to an interest which would be held by him beneficially if the property were not so vested;

references to an interest, in relation to land in England and Wales or Northern Ireland, are to any legal estate or equitable interest or power;

references to an interest, in relation to land in Scotland, are to any estate, interest, servitude or other heritable right in or over land, including a heritable security;

references to an interest, in relation to property other than land, include references to a right (including a right to possession).

when a justice of the peace issues a summons or warrant under section 1 of the Magistrates’ Courts Act 1980 (c. 43) in respect of the offence;

when a person is charged with the offence after being taken into custody without a warrant;

when a bill of indictment is preferred under section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36) in a case falling within subsection (2)(b) of that section (preferment by Court of Appeal or High Court judge).

when the order is satisfied or discharged, or

when the order is quashed and there is no further possibility of an appeal against the decision to quash the order.

if an application for leave to appeal under section 31(2) is refused, the proceedings are concluded when the decision to refuse is made;

if the time for applying for leave to appeal under section 31(2) expires without an application being made, the proceedings are concluded when the time expires;

if on appeal under section 31(2) the Court of Appeal confirms the Crown Court’s decision, and an application for leave to appeal under section 33 is refused, the proceedings are concluded when the decision to refuse is made;

if on appeal under section 31(2) the Court of Appeal confirms the Crown Court’s decision, and the time for applying for leave to appeal under section 33 expires without an application being made, the proceedings are concluded when the time expires;

if on appeal under section 31(2) the Court of Appeal confirms the Crown Court’s decision, and on appeal under section 33 the House of Lords confirms the Court of Appeal’s decision, the proceedings are concluded when the House of Lords confirms the decision;

if on appeal under section 31(2) the Court of Appeal directs the Crown Court to reconsider the case, and on reconsideration the Crown Court decides not to make a confiscation order against the defendant, the proceedings are concluded when the Crown Court makes that decision;

if on appeal under section 33 the House of Lords directs the Crown Court to reconsider the case, and on reconsideration the Crown Court decides not to make a confiscation order against the defendant, the proceedings are concluded when the Crown Court makes that decision.

in a case where the court decides not to make a confiscation order against the defendant, when it makes the decision;

in a case where a confiscation order is made against him as a result of the application, when the order is satisfied or discharged, or when the order is quashed and there is no further possibility of an appeal against the decision to quash the order;

in a case where the application is withdrawn, when the person who made the application notifies the withdrawal to the court to which the application was made.

in a case where the court decides not to vary the confiscation order concerned, when it makes the decision;

in a case where the court varies the confiscation order as a result of the application, when the order is satisfied or discharged, or when the order is quashed and there is no further possibility of an appeal against the decision to quash the order;

in a case where the application is withdrawn, when the person who made the application notifies the withdrawal to the court to which the application was made.

a confiscation order is an order under section 6;

a restraint order is an order under section 41.

to which an appeal to that Court under this Part is to lie, and

which is to exercise that Court’s jurisdiction under this Part.

section 43(1) or (2) (appeals against orders made in restraint proceedings), or

section 65 (appeals against, or relating to, the making of receivership orders),

disallow, or

(as the case may be) order the legal or other representative concerned to meet,

as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or

which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.

he is convicted of an offence or offences, whether in solemn or summary proceedings, or

in the case of summary proceedings in respect of an offence (without proceeding to conviction) an order is made discharging him absolutely.

it must decide whether the accused has a criminal lifestyle;

if it decides that he has a criminal lifestyle it must decide whether he has benefited from his general criminal conduct;

if it decides that he does not have a criminal lifestyle it must decide whether he has benefited from his particular criminal conduct.

it must decide the recoverable amount, and

it must make an order (a confiscation order) requiring him to pay that amount.

the available amount, or

a nominal amount, if the available amount is nil.

the court believes is just, but

does not exceed the amount found under subsection (1) or (2) (as the case may be).

a recovery order is in force under section 266, or

a forfeiture order is in force under section 298(2),

deciding whether the accused has benefited from conduct, and

deciding his benefit from the conduct.

conduct occurring up to the time it makes its decision;

property obtained up to that time.

the conduct concerned is general criminal conduct,

a confiscation order mentioned in subsection (5) has at an earlier time been made against the accused, and

his benefit for the purposes of that order was benefit from his general criminal conduct.

the amount ordered to be paid under each confiscation order previously made against the accused;

the total of the values (at the time the confiscation order is made) of all the free property then held by the accused minus the total amount payable in pursuance of obligations which then have priority, and

the total of the values (at that time) of all tainted gifts.

it is an obligation of the accused to pay an amount due in respect of a fine or other order of a court which was imposed or made on conviction for an offence and at any time before the confiscation order is made, or

deciding whether he has benefited from his general criminal conduct, and

deciding his benefit from the conduct.

as a result of his general criminal conduct, and

at the earliest time he appears to have held it.

as a result of his general criminal conduct, and

at the earliest time he appears to have held it.

the assumption is shown to be incorrect, or

there would be a serious risk of injustice if the assumption were made.

the day when proceedings for the offence concerned were instituted against the accused, or

if there are two or more offences and proceedings for them were instituted on different days, the earliest of those days.

the relevant day is the day when the accused’s benefit was calculated for the purposes of the last such confiscation order;

the second assumption does not apply to any property which was held by him on or before the relevant day.

the date on which the accused was convicted of the offence concerned, or

if there are two or more offences and the convictions are on different dates, the date of the latest.

it imposes a fine on the accused, or

it makes an order falling within subsection (3).

an order involving payment by the accused, other than a compensation order under section 249 of the Procedure Act (compensation orders);

an order under section 27 of the Misuse of Drugs Act 1971 (c. 38) (forfeiture orders);

an order under Part 2 of the Proceeds of Crime (Scotland) Act 1995 (c. 43) (forfeiture orders);

an order under section 23 of the Terrorism Act 2000 (c. 11) (forfeiture orders).

a court makes both a confiscation order and a compensation order under section 249 of the Procedure Act against the same person in the same proceedings, and

the court believes he will not have sufficient means to satisfy both the orders in full.

obtain the relevant consent; or

where he is unable to do so, apply to the court for authority to carry out the disposal.

the needs and financial resources of the spouse or former spouse of the person concerned;

the needs and financial resources of any child of the family;

the length of the period during which the family home has been used as a residence by any of the persons referred to in paragraph (a) or (b),

to an action for division and sale of the family home of the person concerned; or

to an action for the purpose of obtaining vacant possession of that home,

proceed under section 92 before it sentences the accused for the offence (or any of the offences concerned), or

postpone proceedings under section 92 for a specified period.

the accused appeals against his conviction for the offence (or any of the offences) concerned, and

the period of three months (starting with the day when the appeal is determined or otherwise disposed of) ends after the period found under subsection (5),

on application by the accused;

on application by the prosecutor;

by the court of its own motion.

proceedings are postponed for a period, and

an application to extend the period is made before it ends,

the date on which the accused was convicted of the offence concerned, or

if there are two or more offences and the convictions were on different dates, the date of the latest.

imposed a fine on the accused;

made an order falling within section 97(3);

made an order under section 249 of the Procedure Act.

impose a fine on him,

make an order falling within section 97(3), or

make an order for the payment of compensation under section 249 of the Procedure Act.

imposing a fine on him,

making an order falling within section 97(3), or

making an order for the payment of compensation under section 249 of the Procedure Act.

section 176(1) of the Procedure Act (stated case: manner and time of appeal) has effect in relation to an appeal under section 175(2)(a) or (d) as if the reference to the final determination of the proceedings were a reference to the relevant day, and

the draft stated case in such an appeal must be prepared and issued within 3 weeks of the relevant day.

in the case of an appeal against conviction where the court has sentenced the accused under subsection (1), the day on which the postponement period commenced;

in any other case, the day on which sentence is passed in open court.

whether the accused has a criminal lifestyle;

whether he has benefited from his general criminal conduct;

his benefit from the conduct.

in connection with the making by the court of a required assumption under section 96;

for the purpose of enabling the court to decide if the circumstances are such that it must not make such an assumption.

whether the accused has benefited from his particular criminal conduct;

his benefit from the conduct.

he may at any time give the court a further statement of information;

he must give the court a further statement of information if it orders him to do so, and he must give it within the period the court orders.

to indicate the extent to which he accepts each allegation in the statement, and

so far as he does not accept such an allegation, to give particulars of any matters he proposes to rely on,

any allegation in respect of which he has complied with the requirement;

any allegation that he has benefited from his general or particular criminal conduct.

an allegation in a statement of information is challenged by the accused, or

the matters referred to in subsection (1)(b) are challenged by the prosecutor,

in giving information required by an order under this section, or

in any other statement given to the court in relation to any matter relevant to deciding the available amount under section 95,

the first condition in section 92 is satisfied but no court has proceeded under that section,

the prosecutor has evidence which was not available to him on the relevant date,

before the end of the period of six years starting with the date of conviction the prosecutor applies to the court to consider the evidence, and

after considering the evidence the court thinks it is appropriate for it to proceed under section 92.

conduct occurring before the relevant date;

property obtained before that date;

property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.

the first and second assumptions do not apply with regard to property first held by the accused on or after the relevant date;

the third assumption does not apply with regard to expenditure incurred by him on or after that date;

the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date.

the court believes is just, but

does not exceed the amount found under section 93.

the amount found under section 93;

any fine imposed on the accused in respect of the offence (or any of the offences) concerned;

any order which falls within section 97(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by a court in deciding what is the free property held by the accused for the purposes of section 95;

any compensation order which has been made against him in respect of the offence (or any of the offences) concerned under section 249 of the Procedure Act.

if the court made a decision not to proceed under section 92, the date of the decision;

if the court did not make such a decision, the date of the conviction.

the date on which the accused was convicted of the offence concerned, or

if there are two or more offences and the convictions were on different dates, the date of the latest.

the accused has a criminal lifestyle but has not benefited from his general criminal conduct, or

the accused does not have a criminal lifestyle and has not benefited from his particular criminal conduct.