Paragraph 57 Time for payment where provisional discharge of order is revokedI1

England and Wales Not yet in force

(1)

This paragraph applies where a court revokes the provisional discharge of a confiscation order—

(a)

under paragraph 56(4) on an application under section 74C of the Criminal Justice Act 1988 or section 15 or 16 of the Drug Trafficking Act 1994, or

(b)

under paragraph 56(5).

(2)

If the court is satisfied that the defendant is unable to pay the full amount ordered to be paid under the order on the day on which the provisional discharge is revoked, the court may make an order requiring whatever cannot be paid on that day to be paid—

(a)

in a specified period, or

(b)

in specified periods each of which relates to a specified amount.

(3)

A specified period—

(a)

must start with the day on which the provisional discharge is revoked, and

(b)

must not exceed three months.

(4)

If—

(a)

within any specified period the defendant applies to the relevant court for that period to be extended, and

(b)

the relevant court is satisfied that, despite having made all reasonable efforts, the defendant is unable to pay the amount to which the specified period relates within that period,

the court may make an order extending the period (for all or any part or parts of the amount in question).

(5)

“The relevant court” means—

(a)

in a case where the Crown Court revoked the provisional discharge of the order, the Crown Court;

(b)

in a case where a magistrates’ court revoked the provisional discharge of the order, a magistrates’ court.

(6)

An extended period—

(a)

must start with the day on which the provisional discharge is revoked, and

(b)

must not exceed six months.

(7)

An order under sub-paragraph (4)—

(a)

may be made after the end of the specified period to which it relates, but

(b)

must not be made after the end of the period of six months starting with the day on which the provisional discharge is revoked.

(8)

Periods specified or extended under this paragraph must be such that, where the court believes that a defendant will by a particular day be able—

(a)

to pay the amount remaining to be paid, or

(b)

to pay an amount towards what remains to be paid,

that amount is required to be paid no later than that day.

(9)

If—

(a)

an application has been made under sub-paragraph (4) for a specified period to be extended,

(b)

the application has not been determined by the court, and

(c)

the period of six months starting with the day on which the provisional discharge was revoked has not ended,

the amount on which interest is payable in respect of the order does not include the amount to which the specified period relates.

(10)

The court must not make an order under sub-paragraph (2) or (4) unless it gives the prosecutor an opportunity to make representations.

Annotations

Commencement

I1: Sch. 21 para. 57 not in force at Royal Assent, see s. 255(1)