Proceeds of Crime Act 2002
CHAPTER 2
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THE CONFISCATION SCHEME
PART 2-4
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PECUNIARY PENALTY ORDERS
Division 5
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The effect on pecuniary penalty orders of convictions being quashed
SECTION 146
Discharge of pecuniary penalty order if made in relation to a conviction
146(1)
Subject to subsections (2) and (3), a *pecuniary penalty order made in relation to a person's conviction of an offence is discharged if:
(a) the person's conviction of any of the offences to which the order relates is subsequently *quashed; and
(b) the *responsible authority does not, within 14 days after the conviction is quashed, apply to the court that made the order for the order to be confirmed or varied.
146(2)
Unless and until a court decides otherwise on such an application, the * quashing of the conviction does not affect the * pecuniary penalty order:
(a) for 14 days after the conviction is quashed; and
(b) if the *responsible authority makes such an application.
146(2A)
To avoid doubt, the *responsible authority may make an application to confirm the order and an application to vary the order, and the court may hear both applications at the same time.
146(3)
A *pecuniary penalty order made in relation to a person's conviction of an offence is discharged if:
(a) the person's conviction of the offence is subsequently *quashed; and
(b) the order does not relate to any other offence; and
(c) the offence is not a *serious offence.
Subject to subsections (2) and (3), a *pecuniary penalty order made in relation to a person's conviction of an offence is discharged if:
(a) the person's conviction of any of the offences to which the order relates is subsequently *quashed; and
(b) the *responsible authority does not, within 14 days after the conviction is quashed, apply to the court that made the order for the order to be confirmed or varied.
View history note
Hide history note146(2)
Unless and until a court decides otherwise on such an application, the * quashing of the conviction does not affect the * pecuniary penalty order:
(a) for 14 days after the conviction is quashed; and
(b) if the *responsible authority makes such an application.
146(2A)
To avoid doubt, the *responsible authority may make an application to confirm the order and an application to vary the order, and the court may hear both applications at the same time.
146(3)
A *pecuniary penalty order made in relation to a person's conviction of an offence is discharged if:
(a) the person's conviction of the offence is subsequently *quashed; and
(b) the order does not relate to any other offence; and
(c) the offence is not a *serious offence.
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