Part 2Confiscation: England and Wales

Procedural matters

14 Postponement

(1)

The court may—

(a)

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

(b)

postpone proceedings under section 6 for a specified period.

(2)

A period of postponement may be extended.

(3)

A period of postponement (including one as extended) must not end after the permitted period ends.

(4)

But subsection (3) does not apply if there are exceptional circumstances.

(5)

The permitted period is the period of two years starting with the date of conviction.

(6)

But if—

(a)

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

(b)

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),

the permitted period is that period of three months.

(7)

A postponement or extension may be made—

(a)

on application by the defendant;

(b)

on application by the prosecutor F1...;

(c)

by the court of its own motion.

(8)

If—

(a)

proceedings are postponed for a period, and

(b)

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

the application may be granted even after the period ends.

(9)

The date of conviction is—

(a)

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

(b)

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

(10)

References to appealing include references to applying under section 111 of the Magistrates’ Courts Act 1980 (c. 43) (statement of case).

(11)

A confiscation order must not be quashed only on the ground that there was a defect or omission in the procedure connected with the application for or the granting of a postponement.

(12)

But subsection (11) does not apply if before it made the confiscation order the court—

(a)

imposed a fine on the defendant;

(b)

made an order falling within section 13(3);

(c)

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