Part 2Confiscation: England and Wales
Defendant absconds
30 Discharge of order
1
Subsection (2) applies if—
a
the court makes a confiscation order under section 6 as applied by section 28,
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 6 as applied by section 28,
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 28(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.