Paragraph 56 Effect of provisional discharge under paragraph 55 and revocation of dischargeI1

England and Wales Not yet in force

(1)

This paragraph applies where a confiscation order has been discharged under paragraph 55 on a provisional basis.

(2)

The order is to be treated as satisfied, and accordingly the proceedings against the defendant are to be treated as having concluded for the purposes of the Drug Trafficking Offences Act 1986, the Criminal Justice Act 1988 or, as the case may be, the Drug Trafficking Act 1994, subject to the rest of this paragraph.

(3)

The provisional discharge of the order does not prevent the making of an application in respect of the order under—

(a)

section 14 of the Drug Trafficking Offences Act 1986, in the case of a confiscation order made under section 1 of that Act;

(b)

section 74C or 83 of the Criminal Justice Act 1988, in the case of a confiscation order made under section 71 of that Act;

(c)

section 15, 16 or 17 of the Drug Trafficking Act 1994, in the case of a confiscation order made under section 2 of that Act.

(4)

Where, on an application under any of those provisions, the court varies the order, the court may also revoke the provisional discharge of the order.

(5)

The Crown Court may, on an application made by a person listed in sub-paragraph (6), revoke the provisional discharge of the order if the court considers that it is in the interests of justice to do so.

(6)

The persons are—

(a)

the prosecutor;

(b)

a receiver appointed under—

(i)

section 11 of the Drug Trafficking Offences Act 1986, in the case of a confiscation order made under section 1 of that Act;

(ii)

section 80 of the Criminal Justice Act 1988, in the case of a confiscation order made under section 71 of that Act;

(iii)

section 29 of the Drug Trafficking Act 1994, in the case of a confiscation order made under section 2 of that Act.

(7)

In deciding whether it is in the interests of justice to revoke the provisional discharge of a confiscation order the court must, in particular, take into account the matters listed in paragraph 55(4).

(8)

Where the court revokes the provisional discharge of a confiscation order under this paragraph—

(a)

the order is, from the time of the revocation, no longer to be treated as satisfied, and

(b)

accordingly—

(i)

from that time the proceedings against the defendant are to be treated as not having been concluded, and

(ii)

any interest which was payable in respect of the order for a period before the provisional discharge of the order but which had not been paid at the time of the provisional discharge becomes payable.

(9)

There is no right of appeal against a decision of the court under this paragraph to revoke, or not to revoke, the provisional discharge of a confiscation order.

Annotations

Commencement

I1: Sch. 21 para. 56 not in force at Royal Assent, see s. 255(1)