Paragraph 20B F1

Northern Ireland

(1)

This paragraph applies where—

(a)

the High Court has made a confiscation order by virtue of section 52B(4) of this Act in relation to an absconder,

(b)

the defendant has ceased to be an absconder, and

(c)

paragraph 20A above does not apply.

(2)

The High Court may, on the application of the defendant, cancel the confiscation order if it is satisfied that—

(a)

there has been undue delay in continuing the proceedings in respect of which the power under section 52B(4) above was exercised; or

(b)

the prosecution does not intend to proceed.

(3)

Where the High Court cancels a confiscation order under this paragraph it may, on the application of a person who held property which was realisable property, order compensation to be paid to the applicant if it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order.

(4)

The amount of compensation to be paid under this paragraph shall be such as the court considers just in all the circumstances of the case.

(5)

Rules of court may make provision—

(a)

for the giving of notice of any application under this paragraph; and

(b)

for any person appearing to the court to be likely to be affected by any exercise of its powers under this paragraph to be given an opportunity to make representations to the court.

(6)

Any payment of compensation under this paragraph shall be made by the Lord Chancellor out of money provided by Parliament.

(7)

Where the court cancels a confiscation order under this paragraph it may make such consequential or incidental order as it considers appropriate in connection with the cancellation.

Annotations

Textual amendments

F1: Sch. 4 paras. 20A-20C inserted (3.2.1995) by 1993 c. 36, ss.43, 78(3) (with s. 78(6)); S.I. 1995/43, arts. 2, 3, Sch.

Notes on the whole Act

Textual amendments

F1: Act repealed (25.8.1996) by 1996 c. 22, ss. 59, 62(1), 63(3)(7), Sch. 7 Pt. I