Modifications etc. (not altering text)
C1Pt. 4 functions of receiver 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. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)
(1)Subsection (2) applies if—
(a)the court makes a confiscation order under section 156 as applied by section 178,
(b)the defendant is later tried for the offence or offences concerned and acquitted on all counts, and
(c)he applies to the Crown 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 156 as applied by section 178,
(b)the defendant ceases to be an absconder,
(c)subsection (1)(b) does not apply, and
(d)he applies to the Crown 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 178(2), 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 believes is appropriate.
Commencement Information
I1S. 180 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.