Criminal Justice Act, 1994
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Variation of confiscation orders made by virtue of section 13 . |
17.—(1) This section applies where— | |
(a) the High Court has made a confiscation order by virtue of section 13 (4) of this Act, and | ||
(b) the defendant has ceased to be an absconder. | ||
(2) If, on an application by the defendant or the Director of Public Prosecutions in respect of the confiscation order, the High Court is satisfied that— | ||
(a) the value of the defendant's proceeds of drug trafficking or his benefit as mentioned in section 9 (4) of this Act in the period by reference to which the determination in question was made (“the original value”), or | ||
(b) the amount that might have been realised at the time the confiscation order was made, | ||
was less than the amount ordered to be paid under the confiscation order, the court— | ||
(i) may make a fresh determination of the value of the defendant's proceeds or benefit under section 4 of this Act in the case of drug trafficking and under section 9 of this Act in the case of an offence other than a drug trafficking offence, and | ||
(ii) may, if it considers it just in all the circumstances, vary the amount to be recovered under the confiscation order. | ||
(3) For any determination under section 4 of this Act by virtue of this section, section 5 (5) shall not apply in relation to any of the defendant's proceeds of drug trafficking taken into account in determining the original value. | ||
(4) Where the court varies a confiscation order under this section it may, on an application by a person who held property which was realisable property, order compensation to be paid to the applicant if— | ||
(a) it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order; and | ||
(b) having regard to all the circumstances of the case, the court considers it to be appropriate. | ||
(5) The amount of compensation to be paid under this section shall be such as the court considers just in all the circumstances of the case. | ||
(6) No application shall be entertained by the court under this section if it is made after the end of the period of six years beginning with the date on which the confiscation order was made. |