Part 2Investigations, prosecutions, proceedings and proceeds of crime

Chapter 3Financial reporting orders

78Financial reporting orders: making in Northern Ireland

(1)

A court sentencing or otherwise dealing with a person convicted of an offence mentioned in subsection (3) may also make a financial reporting order in respect of him.

(2)

But the court may do so only if it is satisfied that the risk of the person's committing another offence mentioned in subsection (3) is sufficiently high to justify the making of a financial reporting order.

(3)

The offences are—

F1(aa)

an offence under either of the following provisions of the Fraud Act 2006—

(i)

section 1 (fraud),

(ii)

section 11 (obtaining services dishonestly),

(c)

any offence specified in Schedule 5 to the Proceeds of Crime Act 2002 (“lifestyle offences”: Northern Ireland).

(4)

A financial reporting order—

(a)

comes into force when it is made, and

(b)

has effect for the period specified in the order, beginning with the date on which it is made.

(5)

If the order is made by a magistrates' court, or by the county court on appeal, the period referred to in subsection (4)(b) must not exceed 5 years.

(6)

Otherwise, that period must not exceed—

(a)

if the person is sentenced to imprisonment for life, 20 years,

(b)

otherwise, 15 years.