Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 6 - The effect on forfeiture orders of acquittals and quashing of convictions  

SECTION 85   Effect of court ' s decision on confirmation of forfeiture order  

85(1)  


If the court confirms the * forfeiture order under paragraph 84(1)(a) , the order is taken not to be affected by the * quashing of the person ' s conviction of the offence.

85(2)  


If the court confirms the * forfeiture order under paragraph 84(1)(b) :


(a) to the extent that the order covers property that is:


(i) in any case - * proceeds of the offence; or

(ii) if the offence is a * serious offence - an * instrument of the offence;
the order is taken not to be affected by the * quashing of the person ' s conviction of the offence; but


(b) to the extent that the order covers property that is:


(i) in any case - not proceeds of the offence; and

(ii) if the offence is a serious offence - not an instrument of the offence;
the order is discharged.

85(3)  
If the court decides not to confirm the * forfeiture order, the order is discharged.




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