C8C7C6C3C5C1C2C4Part 4Confiscation: Northern Ireland
Pt. 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.)
Pt. 4: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 11(5)
Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 6(5)
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 8(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 9(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)
Appeals
I1C7181C7 Appeal by prosecutor F5etcF4...
1
If the Crown Court makes a confiscation order the prosecutor F2... may appeal to the Court of Appeal in respect of the order.
2
If the Crown Court decides not to make a confiscation order the prosecutor F6... may appeal to the Court of Appeal against the decision.
3
Subsections (1) and (2) do not apply to an order or decision made by virtue of section F3 160A, 169, 170, 177 or 178.
F14
An appeal lies to the Court of Appeal against a determination, under section 160A, of the extent of the defendant's interest in property.
5
An appeal under subsection (4) lies at the instance of—
a
the prosecutor;
b
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.
6
This subsection applies if the person was not given a reasonable opportunity to make representations when the determination was made.
7
This subsection applies if it appears to the Court of Appeal to be arguable that giving effect to the determination would result in a serious risk of injustice to the person.
8
An appeal does not lie under subsection (4) where—
a
the Court of Appeal believes that an application under section 198 is to be made by the prosecutor for the appointment of a receiver,
b
such an application has been made but has not yet been determined, or
c
a receiver has been appointed under section 198.
Pt. 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)