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Change 1
As published
32 Default sentences
(1) In section 185 of the Proceeds of Crime Act 2002 (enforcement as fines), after subsection (2) insert—
(2A) Where a court is fixing a term of imprisonment or detention under section 35(1)(c) of that Act (as applied by subsection (2) above) in respect of an amount ordered to be paid under a confiscation order, the maximum terms are those specified in the second column of the Table for amounts described in the corresponding entry in the first column.
TABLE
Amount | Maximum term
£10,000 or less | 6 months
More than £10,000 but no more than £500,000 | 5 years
More than £500,000 but no more than £1 million | 7 years
More than £1 million | 14 years
(2B) The Department of Justice in Northern Ireland may by order—
(a) amend subsection (2A) so as to provide for minimum terms of imprisonment or detention under section 35(1)(c) of that Act (as applied by subsection (2) above) in respect of amounts ordered to be paid under a confiscation order;
(b) amend the Table in subsection (2A) so as to remove, alter or replace any entry (including an entry inserted by virtue of the power in paragraph (a) of this subsection) or to add any entry.
(2) In section 459(7B) of that Act (orders subject to affirmative resolution procedure), after “section” insert “ 185(2B), ”.
Your change, as a redline
32 Default sentences
(1) In section 185 of the Proceeds of Crime Act 2002 (enforcement as fines), after subsection (2) insert—
(2A) Where a court is fixing a term of imprisonment or detention under section 35(1)(c) of that Act (as applied by subsection (2) above) in respect of an amount ordered to be paid under a confiscation order, the maximum terms are those specified in the second column of the Table for amounts described in the corresponding entry in the first column.
TABLE
Amount | Maximum term
£10,000 or less | 6 months
More than £10,000 but no more than £500,000 | 5 years
More than £500,000 but no more than £1 million | 7 years
More than £1 million | 14 years
(2B) The Department of Justice in Northern Ireland may by order—
(a) amend subsection (2A) so as to provide for minimum terms of imprisonment or detention under section 35(1)(c) of that Act (as applied by subsection (2) above) in respect of amounts ordered to be paid under a confiscation order;
(b) amend the Table in subsection (2A) so as to remove, alter or replace any entry (including an entry inserted by virtue of the power in paragraph (a) of this subsection) or to add any entry.
(2) In section 459(7B) of that Act (orders subject to affirmative resolution procedure), after “section” insert “ 185(2B), ”.
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