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Change 1
As published
30 Variation or discharge
(1) In section 173 of the Proceeds of Crime Act 2002 (inadequacy of available amount: variation of confiscation order), in subsection (1)(b), after “the defendant” insert “ or the prosecutor ”.
(2) After section 175 of that Act insert—
Recovery from estate of deceased defendant impractical: discharge of order
175A (1) This section applies if—
(a) a court has made a confiscation order,
(b) the defendant dies while the order is not satisfied, and
(c) the prosecutor applies to the Crown Court for the discharge of the order.
(2) The court may discharge the order if it appears to the court that—
(a) it is not possible to recover anything from the estate of the deceased for the purpose of satisfying the order to any extent, or
(b) it would not be reasonable to make any attempt, or further attempt, to recover anything from the estate of the deceased for that purpose.
(3) Section 175A of that Act (inserted by subsection (2) above) applies to—
(a) a confiscation order made under the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17)), or
(b) a confiscation order made under Part 2 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)),
as it applies to a confiscation order made under the Proceeds of Crime Act 2002.
Your change, as a redline
30 Variation or discharge
(1) In section 173 of the Proceeds of Crime Act 2002 (inadequacy of available amount: variation of confiscation order), in subsection (1)(b), after “the defendant” insert “ or the prosecutor ”.
(2) After section 175 of that Act insert—
Recovery from estate of deceased defendant impractical: discharge of order
175A (1) This section applies if—
(a) a court has made a confiscation order,
(b) the defendant dies while the order is not satisfied, and
(c) the prosecutor applies to the Crown Court for the discharge of the order.
(2) The court may discharge the order if it appears to the court that—
(a) it is not possible to recover anything from the estate of the deceased for the purpose of satisfying the order to any extent, or
(b) it would not be reasonable to make any attempt, or further attempt, to recover anything from the estate of the deceased for that purpose.
(3) Section 175A of that Act (inserted by subsection (2) above) applies to—
(a) a confiscation order made under the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17)), or
(b) a confiscation order made under Part 2 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)),
as it applies to a confiscation order made under the Proceeds of Crime Act 2002.
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