Section 52 Statements, etc., relevant to making confiscation orders.

Northern Ireland

F1(1)

In this section, except in subsection (4) below, “a statement” means a statement in the case of a defendant as to any matters relevant—

(a)

to determining whether he has benefited from terrorist-related activities,

(b)

to assessing the value of his proceeds of those activities, or

(c)

to determining whether the requirements of section 47(5) above are satisfied.

(1A)

Where section 47(1) above applies—

(a)

the court may require the prosecution to give it a statement within such period as it may direct; and

(b)

the prosecution may at any time give a statement to the court.

(1B)

Where the prosecution has given the court a statement—

(a)

it may at any time give the court a further statement; and

(b)

the court may at any time require it to give the court a further statement, within such period as the court may direct.

(1C)

Where—

(a)

a statement has been given to the court under this section, and

(b)

the defendant accepts to any extent any allegation in the statement,

the court may treat his acceptance as conclusive of the matters to which it relates.

(2)

Where—

(a)

a statement F2is given under this section; and

(b)

the court is satisfied that a copy of that statement has been served on the defendant,

the court may require the defendant to indicate F3within such period as the court may direct to what extent he accepts each allegation in the statement and, so far as he does not accept any such allegation, to indicate any matters he proposes to rely on.

F4(2A)

Where the court has given a direction under this section it may at any time vary it by giving a further direction.

(3)

If the defendant fails in any respect to comply with a requirement under subsection (2) above, he may be treated for the purposes of this section as accepting every allegation in the statement apart from any allegation in respect of which he has complied with the requirement.

(4)

Where—

(a)

there is F5given to the court by the defendant a statement as to any matters relevant to determining the amount that might be realised at the time the confiscation order is made; and

(b)

the prosecution accepts to any extent any allegation in the statement,

the court may, for the purposes of that determination, treat the acceptance by the prosecution as conclusive of the matters to which it relates.

(5)

An allegation may be accepted or a matter indicated for the purposes of this section F6in such manner as may be prescribed by rules of court or as the court may direct

(6)

No acceptance by the defendant under this section that any property was obtained by him as a direct or indirect result of terrorist-related activities engaged in by him or another shall be admissible in evidence in any proceedings for an offence.

(7)

If the court is satisfied as to any matter relevant for determining the amount that might be realised at the time the confiscation order is made (whether by an acceptance under this section or otherwise), the court may issue a certificate giving the court’s opinion as to the matter concerned and shall do so if satisfied that the amount that might be realised at the time the confiscation order is made is less than the amount the court assesses to be the value of the defendant’s proceeds of terrorist-related activities.

Annotations

Textual amendments

F1: S. 52(1)(1A)-(1C) substituted for s. 52(1) (3.2.1995) by 1993 c. 36, s. 38(2) (with s. 78(6)); S.I. 1995/43, arts. 2, 3, Sch.
F2: Words in s. 52(2) substituted (3.2.1995) by 1993 c. 36, s. 38(3)(a) (with s. 78(6)); S.I. 1995/43, arts. 2, 3, Sch.
F3: Words in s. 52(2) inserted (3.2.1995) by 1993 c. 36, s. 38(3)(b) (with s. 78(6)); S.I. 1995/43, arts. 2, 3, Sch.
F4: S. 52(2A) inserted (3.2.1995) by 1993 c. 36, s. 38(4) (with s. 78(6)); S.I. 1995/43, arts. 2, 3, Sch.
F5: Word in s. 52(4)(a) substituted (3.2.1995) by 1993 c. 36, s. 38(5) (with s. 78(6)); S.I. 1995/43, arts. 2, 3, Sch.
F6: Words in s. 52(5) substituted (3.2.1995) by 1993 c. 36, s. 38(6) (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