Paragraph 58 Financial status ordersI1

England and Wales Not yet in force

(1)

This paragraph applies where—

(a)

the Crown Court has decided of its own motion to consider whether to discharge a confiscation order on a provisional basis,

(b)

an application has been made under paragraph 55 or 56, or

(c)

the court has discharged a confiscation order on a provisional basis and an application has been made under—

(i)

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

(ii)

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

(iii)

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.

(2)

The relevant court may order the defendant to give the court, before the end of the period specified in the order—

(a)

any information about the defendant’s assets and other financial circumstances, and

(b)

any documentary or other evidence in support of that information, that the court may require in connection with the exercise of its functions under paragraph 55 or 56.

(3)

“The relevant court” means—

(a)

where this paragraph applies as a result of sub-paragraph (1)(a) or (b), the Crown Court;

(b)

where this paragraph applies as a result of sub-paragraph (1)(c), the court to which the application mentioned in that sub-paragraph is made.

Annotations

Commencement

I1: Sch. 21 para. 58 not in force at Royal Assent, see s. 255(1)