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

he is committed to the Crown Court in respect of an offence or offences under section 218 below (committal with a view to a confiscation order being considered).

the prosecutor F1... 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).

any property in respect of which a recovery order is in force under section 266,

any property which has been forfeited in pursuance of a forfeiture notice under section 297A F4or an account forfeiture notice under section 303Z9, F5...

any property in respect of which a forfeiture order is in force under section 298(2) F6, 303O(3), 303R(3) F7, 303Z14(4), 303Z41(4), 303Z45(3) or 303Z60(4)F8, and

any property which is the forfeitable property in relation to an order under section 303Q(1) F9or 303Z44(1).

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 2 or 3 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.

there is property held by the defendant that is likely to be realised or otherwise used to satisfy the order, and

a person other than the defendant holds, or may hold, an interest in the property,

the realisation F11or destruction of the property, or the transfer of an interest in the property, with a view to satisfying the confiscation order, or

any action or proceedings taken for the purposes of any such realisation or transfer.

is subject to section 199(8B), and

does not apply in relation to a question that arises in proceedings before the Court of Appeal or the Supreme Court.

in a specified period, or

in specified periods each of which relates to a specified amount.

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

must not exceed three months.

within any specified period the defendant applies to the Crown Court for that period to be extended, and

the court is satisfied that, despite having made all reasonable efforts, the defendant is unable to pay the amount to which the specified period relates within that period,

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

must not exceed six months.

may be made after the end of the specified period to which it relates, but

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

to pay the amount remaining to be paid, or

to pay an amount towards what remains to be paid,

an application has been made under section 161(4) for a specified period to be extended,

the application has not been determined by the court, and

the period of six 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 Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (compensation orders);

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

an order under Article 11 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (deprivation orders);

an order under section 23 F16or 23A or 111 of the Terrorism Act 2000 (c. 11) (forfeiture orders).

a court makes F17a confiscation order and one or both of an order for the payment of compensation under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15) F18and a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, ) against the same person in the same proceedings, and

the court believes he will not have sufficient means to satisfy F19all the orders in full.

on the making of the confiscation order, and

if it does not make a compliance order then, at any later time (while the confiscation order is still in effect) on the application of the prosecutor.

the prosecutor;

any person affected by the order.

the prosecutor;

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.

proceed under section 161 before it sentences the defendant for the offence (or any of the offences) concerned, or

postpone proceedings under section 161 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 F22...;

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 163(3);

made an order under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (compensation orders).

impose a fine on him,

make an order falling within section 163(3), or

make an order for the payment of compensation under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)).

imposing a fine on him,

making an order falling within section 163(3), or

making an order for the payment of compensation under Article 14 of the Criminal Justice (Northern Ireland) Order 1994.

section 16(1) of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (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 160;

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.

whether to make a determination under section 160A, or

what determination to make (if the court decides to make one).

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 156 in a case where section 156(3)(a) applies, or

it is proceeding under section 156 in a case where section 156(3)(b) applies or it is considering whether to proceed.

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

is considering whether to make a determination under section 160A of the extent of the defendant's interest in any property, or

is deciding what determination to make (if the court has decided to make a determination under that section).

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 a determination under section 160A,

the first condition in section 156 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 F36... 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 156.

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 157.

the amount found under section 157;

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

any order which falls within section 163(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 159;

any order which has been made against him in respect of the offence (or any of the offences) concerned under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (compensation orders).

if the court made a decision not to proceed under section 156, 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.

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 F39... 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 156(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 157.

the amount found under section 157;

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

any order which falls within section 163(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 159;

any order which has been made against him in respect of the offence (or any of the offences) concerned under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (compensation orders).

a court has made a confiscation order,

there is evidence which was not available to the prosecutor F40... at the relevant time,

the prosecutor F41... 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 F42... 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 156, 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 159 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 163(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 159;

any order which has been made against him in respect of the offence (or any of the offences) concerned under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (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 157(2), and

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

the prosecutor;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a receiver appointed under section 198 F44....

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 163(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 159;

any order which has been made against him in respect of the offence (or any of the offences) concerned under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (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 171 the amount found on the occasion of the last such calculation.

a court has made a confiscation order, and

the defendant F45 or the prosecutor, or a receiver appointed under section 198 F46..., applies to the Crown Court to vary the order under this section.

a court has made a confiscation order,

the prosecutor 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 F48Department of Justice in Northern Ireland by order.

a court has made a confiscation order,

a chief clerk 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.

a court has made a confiscation order,

the defendant dies while the order is not satisfied, and

the prosecutor applies to the Crown Court for the discharge of the order.

it is not possible to recover anything from the estate of the deceased for the purpose of satisfying the order to any extent, or

it would not be reasonable to make any attempt, or further attempt, to recover anything from the estate of the deceased for that purpose.

the court proceeds under section 156 in pursuance of section 169 or 170, or

the prosecutor F54... applies under section 171.

the prosecutor F55... must give the court a statement of information within the period the court orders;

section 166 applies accordingly (with appropriate modifications where the prosecutor F56... applies under section 171);

section 167 applies accordingly;

section 168 applies as it applies in the circumstances mentioned in section 168(1).

he absconds and, either before or after doing so, he is convicted of an offence or offences in proceedings before the Crown Court;

he absconds after being committed to the Crown Court in respect of an offence or offences under section 218 below (committal with a view to a confiscation order being considered).

the prosecutor F58... 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 156 is entitled to appear before the court and make representations;

the court must not make an order under section 156 unless the prosecutor F59... has taken reasonable steps to contact the defendant;

section 156(9) applies as if the reference to subsection (2) were to subsection (2) of this section;

sections 160, 166(4), 167 and 168 must be ignored;

sections 169, 170 and 171 must be ignored while the defendant is still an absconder.

the modifications set out in subsection (5)(a) to (d) of this section do not apply to proceedings that take place by virtue of section 169, 170 or 171 (as applied by this subsection).

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

he absconds, and

the period of F61three months (starting with the day the court believes he absconded) has ended.

the prosecutor F62... 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 156 is entitled to appear before the court and make representations;

the court must not make an order under section 156 unless the prosecutor F63... has taken reasonable steps to contact the defendant;

section 156(9) applies as if the reference to subsection (2) were to subsection (2) of this section;

sections 160, 166(4) and 167 to 170 must be ignored;

section 171 must be ignored while the defendant is still an absconder.

the modifications set out in subsection (5)(a) to (d) of this section do not apply to proceedings that take place by virtue of section 171 (as applied by this subsection).

the court makes an order under section 156 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 156 as applied by section 178,

the defendant ceases to be an absconder,

he is convicted of an offence (or any of the offences) mentioned in section 178(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 178(2)(a), or

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

the court makes a confiscation order under section 156 as applied by section 178,

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 156 as applied by section 178,

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 178(2), or

the prosecutor does not intend to proceed with the prosecution.

the prosecutor;

a person who the Court of Appeal thinks is or may be a person holding an interest in the property, if subsection (6) or (7) applies.

the Court of Appeal believes that an application under section 198 is to be made by the prosecutor for the appointment of a receiver,

such an application has been made but has not yet been determined, or

a receiver has been appointed under section 198.

itself proceed under section 156 (ignoring subsections (1) to (3)), or

direct the Crown Court to proceed afresh under section 156.

confirm the determination, or

make such order as it believes is appropriate.

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 163(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 159.

the court must have regard to it, and

section 163(5) and (6) above do not apply F72so far as they relate to such orders .

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 (except where paragraph (b) applies);

if the proceedings in the Court of Appeal were proceedings on an appeal under section 181(4), any person who was a party to those proceedings.

confirm the decision of the Court of Appeal, or

make such order as it believes is appropriate.

confirm the decision, or

direct the Crown Court to proceed afresh under section 156 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 163(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 159.

the Crown Court must have regard to it, and

section 163(5) and (6) above do not apply F78so far as they relate to such orders .

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.

amend subsection (2A) so as to provide for minimum terms of imprisonment or detention under section 35(1)(c) of that Act (as applied by subsection (2) above) in respect of amounts ordered to be paid under a confiscation order;

amend the Table in subsection (2A) so as to remove, alter or replace any entry (including an entry inserted by virtue of the power in paragraph (a) of this subsection) or to add any entry.

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 of imprisonment or order for detention suspended under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968 which has not taken effect at the time the warrant is issued;

any term of imprisonment or detention fixed under section 35(1)(c) of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) (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 171, 172, 173, 179, 182 or 183,

the effect of the variation is to vary the maximum period applicable in relation to the order under section 35(2) of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)), 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 35(1)(c) of that Act.

a criminal investigation has been started in Northern Ireland with regard to an offence, and

there F86are reasonable grounds to suspect that the alleged offender has benefited from his criminal conduct.

proceedings for an offence have been started in Northern Ireland and not concluded,

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

an application by the prosecutor F87... has been made under section 169, 170, 177 or 178 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 F88... has been made under section 171 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 F89... has been made under section 172 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 F90... 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 225(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 189(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.

the 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).

must include in the order a requirement for the applicant for the order to report to the court on the progress of the investigation at such times and in such manner as the order may specify (a “reporting requirement”), and

must discharge the order if proceedings for the offence are not started within a reasonable time (and this duty applies whether or not an application to discharge the order is made under section 191(3)).

must give reasons for its decision, and

may at any time vary the order so as to include a reporting requirement (and this power applies whether or not an application to vary the order is made under section 191(3)).

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)).

is seized by an appropriate officer under a relevant seizure power, or

is produced to an appropriate officer in compliance with a production order under section 345.

relate to specified property, to property of a specified description or to all property to which the restraint order applies;

relate to property that has already been seized or produced or to property that may be seized or produced in future.

an accredited financial investigator;

a constable;

an officer of Revenue and Customs;

an immigration officer;

a National Crime Agency officer;

a member of staff of the relevant director (within the meaning of section 352(5A)).

section 195C,

section 352, or

Part 3 or 4 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (including as applied by order under Article 85(1) of that Order).

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;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 proceedings are concluded by reason of a defendant's conviction for an offence being quashed,

the order is in force at the time when the conviction is quashed, and

the Court of Appeal has ordered the defendant to be retried for the offence or the prosecutor has applied for such an order to be made.

if the Court of Appeal declines to make an order for the defendant to be retried,

if the Court of Appeal orders the defendant to be retried but proceedings for the retrial are not started within a reasonable time, or

otherwise, on the conclusion of proceedings for the retrial of the defendant.

the court must discharge the order if within a reasonable time proceedings for the offence are not started;

otherwise, the court must discharge the order on the conclusion of the proceedings.

the court must discharge the order if within a reasonable time the application is not made;

otherwise, the court must discharge the order on the conclusion of the application.

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.

a restraint order includes provision under section 190A authorising the detention of property, and

the restraint order is discharged under section 191(5) or 192(3)(b).

a restraint order includes provision under section 190A authorising the detention of property, and

the restraint order is varied under section 191(5) or 192(3)(b) so as to omit any such provision.

the decision to discharge or vary the restraint order, or

any decision made on an appeal against that decision.

the application relates, or

a restraint order made in pursuance of the application relates.

an officer of Revenue and Customs,

an immigration officer, or

a constable, F107...

an SFO officer, or

an accredited financial investigator.

a criminal investigation has been started in Northern Ireland with regard to an indictable offence,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

proceedings for the offence have not yet been started against the person in Northern Ireland,

there F110are reasonable grounds to suspect that the person has benefited from conduct constituting the offence, and

a restraint order is not in force in respect of any realisable property.

a criminal investigation has been started in Northern Ireland with regard to an indictable offence,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

proceedings for the offence have not yet been started against the person in Northern Ireland, and

a restraint order is in force in respect of any realisable property.

proceedings for an indictable offence have been started in Northern Ireland and have not been concluded,

there is reasonable cause to believe that the defendant has benefited from conduct constituting the offence, and

a restraint order is not in force in respect of any realisable property.

proceedings for an indictable offence have been started in Northern Ireland and have not been concluded, and

a restraint order is in force in respect of any realisable property.

an application by the prosecutor has been made under section 169, 170, 177 or 178 and not concluded, or the officer believes that such an application is to be made, and

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

an application by the prosecutor has been made under section 171 and not concluded, or the officer 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 has been made under section 172 and not concluded, or the officer 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 does not intend to proceed.

the property may otherwise be made unavailable for satisfying any confiscation order that has been or may be made against the defendant, or

the value of the property may otherwise be diminished as a result of conduct by the defendant or any other person.

cash, or

exempt property.

such tools, books, vehicles and other items of equipment as are necessary to the defendant for use personally in the defendant's employment, business or vocation;

such clothing, bedding, furniture, household equipment, provisions or other things as are necessary for satisfying the basic domestic needs of the defendant and the defendant's family.

determining whether any property is a cryptoasset-related item, or

enabling or facilitating the seizure under subsection (1) of any cryptoasset,

identifying or gaining access to a crypto wallet, and

by doing so, enabling or facilitating the seizure under subsection (1) of any cryptoassets.

may be exercised only with the appropriate approval under section 195G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power, and

where applicable, in accordance with subsection (6A) or (6B).

relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or

is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment.

in a case where the officer is satisfied that the first, second, third or fourth condition in section 195B is met, the offence mentioned in that condition,

in a case where the officer is satisfied that any of the other conditions in section 195B is met, the offence (or any of the offences) concerned.

the British Nationality Act 1981,

the Hong Kong Act 1985,

the Hong Kong (War Wives and Widows) Act 1996,

the British Nationality (Hong Kong) Act 1997,

the British Overseas Territories Act 2002, or

an instrument made under any of those Acts.

the officer has reasonable grounds for suspecting may be found there, and

if found there, the officer intends to seize under section 195C.

to permit a search of any article with the person,

to permit a search of the person.

an appropriate officer has reasonable grounds for suspecting that a vehicle contains property that may be seized under section 195C, and

it appears to the officer that the vehicle is under the control of a person who is in or in the vicinity of the vehicle.

in any place to which, at the time of the proposed exercise of the powers, the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, or

in any other place to which at that time people have ready access but which is not a dwelling.

that the person does not reside in the dwelling, and

that the vehicle is not in the place in question with the express or implied permission of another who resides in the dwelling.

permit entry to the vehicle,

permit a search of the vehicle.

in relation to the exercise of a power by an officer of Revenue and Customs, an officer of Revenue and Customs of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer,

in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,

in relation to the exercise of a power by an accredited financial investigator who is a member of staff of the Police Service of Northern Ireland, a senior police officer,

in relation to the exercise of a power by a National Crime Agency officer, the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose,

in relation to the exercise of a power by an SFO officer, the Director of the Serious Fraud Office,

in relation to the exercise of a power by a constable, a senior police officer,

in relation to the exercise of a power by an accredited financial investigator F122who does not fall within any of the preceding paragraphs, an accredited financial investigator who falls within a description specified in an order made for this purpose by the Secretary of State under section 453.

the officer seizes property under section 195C without the approval of a lay magistrate, and

any of the property seized is not detained for more than 48 hours.

the officer exercises any of the powers conferred by sections 195D, 195E and 195F without the approval of a lay magistrate, and

no property is seized under section 195C.

the powers were exercisable, and

it was not practicable to obtain the approval of a lay magistrate.

any Saturday or Sunday,

Christmas Day,

Good Friday, or

any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in Northern Ireland.

the period beginning with the day on which section 57 of the Policing and Crime Act 2009 comes into force and ending with the next 31 March (which is the first financial year), and

each subsequent period of twelve months beginning with 1 April.

publish any report received under subsection (5), and

lay a copy before F128the Northern Ireland Assembly .

property is detained under section 195J, and

no restraint order is in force in respect of the property.

the decision to refuse the application, or

any decision made on an appeal against that decision.

property is detained under section 195J,

a restraint order is in force in respect of the property, and

the order does not include provision under section 190A authorising the detention of the property.

the decision to refuse the application, or

any decision made on an appeal against that decision.

property is detained under section 195J,

no restraint order is in force in respect of the property, and

no application has been made for a restraint order which includes provision under section 190A authorising detention of the property.

any of the conditions in section 195B is met (reading references in that section to the officer as references to the court),

the property or part is realisable property other than exempt property F133..., and

any of the conditions in section 195B is met (reading references in that section to the officer as references to the court),

the property is free property, and

there are reasonable grounds for suspecting that the property is a cryptoasset-related item.

to determine whether the property is a cryptoasset-related item, or

if it has already been determined to be such an item, to seize any related cryptoassets under section 195C(1).

six months beginning with the date of the order, or

in the case of exempt property, 14 days beginning with that date.

the Commissioners for Her Majesty's Revenue and Customs,

an immigration officer;

a constable,

an SFO officer,

an accredited financial investigator, or

the prosecutor.

a person mentioned in section 195M(3), or

any person affected by the order.

the order was made on the ground that the first or second condition in section 195B was met but proceedings for the offence mentioned in that condition have not been started within a reasonable time,

the order was made on the ground that the third or fourth condition in section 195B was met but proceedings for the offence mentioned in that condition have now been concluded,

the order was made on the ground that the fifth, sixth or seventh condition in section 195B was met but the application mentioned in that condition has now been concluded or, as the case may be, has not been made within a reasonable time.

a person mentioned in section 195M(3), or

any person affected by the order.

an application for an order under section 195M is made within the period mentioned in section 195J, and

the application is refused.

an order is made under section 195M extending the period for which property may be detained under section 195J, and

the order is discharged or varied so that detention of the property is no longer authorised by virtue of the order.

for an order under section 195M;

for the discharge or variation of such an order;

on an appeal under section 195O.

has been seized by an appropriate officer under section 195C, and

is detained under or by virtue of any of sections 195J to 195M and 195P.

any of the conditions in section 195B is met, and

there are reasonable grounds for the suspicion mentioned in section 195C(1) F139or (5A).

retain the item and deal with it as they see fit,

dispose of the item, or

destroy the item.

with the approval of a senior officer.

the carrying out by F142officers of Revenue and Customs F143, immigration officers and SFO officers of the functions conferred by section 195C to 195H,

the carrying out by senior officers of their functions under section 195G, and

the detention of property F145by officers of Revenue and Customs F146, immigration officers F144, SFO officers and members of staff of SOCA by officers of Revenue and Customs and F147NCA officers under or by virtue of sections 190A, 193A and 195J to 195P.

officers of Revenue and Customs of a rank designated by the Commissioners for Her Majesty’s Revenue and Customs as equivalent to that of a senior police officer,

immigration officers of a rank designated by the Secretary of State as equivalent to that of a senior police officer.

the Director of the Serious Fraud Office.

publish a draft,

consider any representations made about the draft,

if the Secretary of State thinks appropriate, modify the draft in the light of any such representations.

the carrying out by constables and accredited financial investigators of the functions conferred by sections 195C to 195H,

the carrying out by senior officers of their functions under section 195G, and

police officers of at least the rank of inspector,

accredited financial investigators who fall within a description specified in an order made for this purpose by the Secretary of State under section 453.

publish a draft,

consider any representations made about the draft,

if the Department of Justice thinks appropriate, modify the draft in the light of any such representations.

the High 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,

is perishable; or

ought to be disposed of before its value diminishes.

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.

so far as the property consists of cryptoassets, power to destroy 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) F153, (c) or (e) in respect of property, or

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

is perishable; or

ought to be disposed of before its value diminishes.

the person was not given a reasonable opportunity to make representations when the determination was made and has not appealed against the determination, or

it appears to the court that there would be a serious risk of injustice to the person if the court was bound by the determination;

it is not reasonably practicable to realise the cryptoassets in question, or

there are reasonable grounds to believe that the realisation of the cryptoassets would be contrary to the public interest, having regard in particular to how likely it is that the entry of the cryptoassets into general circulation would facilitate criminal conduct by any person.

must set out the court’s assessment of the market value of the cryptoassets to which it relates;

may confer power to destroy the cryptoassets only to the extent that their market value, as set out in the order, is less than or equal to the amount remaining to be paid under the confiscation order.

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 199;

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 202(2)(a) F159or 215D(2)(a) .

first, in payment of the remuneration and expenses of a receiver appointed under section 196, to the extent that they have not been met by virtue of the exercise by that receiver of a power conferred under section 197(2)(d);

second, in payment of the remuneration and expenses of F161any receiver appointed under section 198.

third, in payment to an appropriate officer of any amount to which the officer is entitled by virtue of section 215B.

a constable,

a member of staff of the Northern Ireland Policing Board,

an accredited financial investigator,

a member of staff of the Public Prosecution Service for Northern Ireland,