C1C2C3Part 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)
Committal
I1C2218C2 Committal by magistrates’ court
1
This section applies if—
a
a defendant is convicted of an offence by a magistrates’ court, and
b
the prosecutor asks the court to commit the defendant to the Crown Court with a view to a confiscation order being considered under section 156.
2
In such a case the magistrates’ court—
a
must commit the defendant to the Crown Court in respect of the offence, and
b
may commit him to the Crown Court in respect of any other offence falling within subsection (3).
3
An offence falls within this subsection if—
a
the defendant has been convicted of it by the magistrates’ court or any other court, and
b
the magistrates’ court has power to deal with him in respect of it.
4
If a committal is made under this section in respect of an offence or offences—
a
section 156 applies accordingly, and
b
the committal operates as a committal of the defendant to be dealt with by the Crown Court in accordance with section 219.
5
A committal under this section may be in custody or on bail.
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)