Modifications etc. (not altering text)
C1Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)
C2Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)
C3Pt. 2: 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)
(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.
Commencement Information
I1S. 30 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.