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Postponement of confiscation
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15. The Principal Act is amended by the insertion of the following section after section 51B:
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“51C. (1) Where an application is made in accordance with section 51(1) or 51A(2), the High Court may order the postponement of confiscation under this Chapter until such time as the Court considers reasonable, where to proceed with the confiscation, on foot of, as the case may be, a confiscation co-operation order or an external confiscation order transmitted by or on behalf of a court in a designated state that is a member state, might prejudice an ongoing criminal investigation in the State.
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(2) The High Court may order the postponement of confiscation under this Chapter where the realisable property concerned is already subject to confiscation proceedings in the State.
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(3) An order of the High Court postponing confiscation shall include an order that such measures as may be necessary to provide for the availability of the realisable property for the execution of the external confiscation order concerned be taken during the postponement period.
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(4) When the grounds for the postponement cease to exist, the High Court shall, without delay—
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(a) where the designated state is a member state, make an order for the execution of the external confiscation order concerned, or
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(b) in any other case, make a confiscation co-operation order in respect of the external confiscation order concerned.
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(5) For the purposes of this section the ‘postponement of confiscation’ means—
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(a) the postponement of the execution of an external confiscation order transmitted by or on behalf of a court in a designated state that is a member state, and
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(b) in any other case, the postponement of the making of a confiscation co-operation order in respect of an external confiscation order.”.
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