C1C2C3C5C4Part 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)
Interpretation
I1C2225C2 Tainted gifts
1
Subsections (2) and (3) apply if—
a
no court has made a decision as to whether the defendant has a criminal lifestyle, or
b
a court has decided that the defendant has a criminal lifestyle.
2
A gift is tainted if it was made by the defendant at any time after the relevant day.
3
A gift is also tainted if it was made by the defendant at any time and was of property—
a
which was obtained by the defendant as a result of or in connection with his general criminal conduct, or
b
which (in whole or part and whether directly or indirectly) represented in the defendant’s hands property obtained by him as a result of or in connection with his general criminal conduct.
4
Subsection (5) applies if a court has decided that the defendant does not have a criminal lifestyle.
5
A gift is tainted if it was made by the defendant at any time after—
a
the date on which the offence concerned was committed, or
b
if his particular criminal conduct consists of two or more offences and they were committed on different dates, the date of the earliest.
6
For the purposes of subsection (5) an offence which is a continuing offence is committed on the first occasion when it is committed.
7
For the purposes of subsection (5) the defendant’s particular criminal conduct includes any conduct which constitutes offences which the court has taken into consideration in deciding his sentence for the offence or offences concerned.
8
A gift may be a tainted gift whether it was made before or after the passing of this Act.
9
The relevant day is the first day of the period of six years ending with—
a
the day when proceedings for the offence concerned were started against the defendant, or
b
if there are two or more offences and proceedings for them were started on different days, the earliest of those days.
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)