Part 2E+WConfiscation: England and Wales

Confiscation ordersE+W

11 Time for paymentE+W

(1)The amount ordered to be paid under a confiscation order must be paid on the making of the order; but this is subject to the following provisions of this section.

(2)If the defendant shows that he needs time to pay the amount ordered to be paid, the court making the confiscation order may make an order allowing payment to be made in a specified period.

(3)The specified period—

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

(b)must not exceed six months.

(4)If within the specified period the defendant applies to the Crown Court for the period to be extended and the court believes there are exceptional circumstances, it may make an order extending the period.

(5)The extended period—

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

(b)must not exceed 12 months.

(6)An order under subsection (4)—

(a)may be made after the end of the specified period, but

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

(7)The court must not make an order under subsection (2) or (4) unless it gives—

(a)the prosecutor, or

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

an opportunity to make representations.

Textual Amendments

Modifications etc. (not altering text)

C4Pt. 2 applied by 1984 c. 60, s. 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(3); S.I. 2003/333, art. 2, Sch.)

C5Pt. 2 applied by 2000 c. 11, Sch. 8 para. 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(5); S.I. 2003/333, art. 2, Sch.)

Commencement Information

I1S. 11 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.