Modifications etc. (not altering text)
C1Pt. 3 functions of administrator extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)
C2Pt. 3 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 17(4A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(4)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.
C3Pt. 3 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 1 para. 6(5)
C4Pt. 3 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 1 para. 11(5)
C5Pt. 3 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 39(6) (with s. 25(9)); S.I. 2020/792, reg. 2(g)
(1)Subsection (2) applies if—
(a)the court makes a confiscation order under section 92 as applied by section 112,
(b)the accused is later tried for the offence or offences concerned and acquitted of the offence or offences, and
(c)he applies to the court to discharge the order.
(2)In such a case the court must discharge the order.
(3)Subsection (4) applies if—
(a)the court makes a confiscation order under section 92 as applied by section 112,
(b)the accused ceases to be unlawfully at large,
(c)subsection (1)(b) does not apply, and
(d)he applies to the court to discharge the order.
(4)In such a case the court may discharge the order if it finds that—
(a)there has been undue delay in continuing the proceedings mentioned in section 112(1), or
(b)the prosecutor does not intend to proceed with the prosecution.
(5)If the court discharges a confiscation order under this section it may make such a consequential or incidental order as it thinks is appropriate.
Commencement Information
I1S. 114 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)