Criminal Justice Act 1994

Power of High Court where defendant has died or is absent.

13

13.(1) Subsection (2) of this section applies where a person has been convicted on indictment of one or more offences.

F46[(2) The High Court may exercise the powers of a court under section 4, 8A  F47[, 8F] or 9 of this Act to make a confiscation order against the defendant in the case of a conviction for a drug trafficking offence, an offence of financing terrorism or an offence other than a drug trafficking offence or an offence of financing terrorism if—

(a) the Director of Public Prosecutions asks the High Court to proceed under this section, and

(b) the High Court is satisfied that the defendant has died or absconded.]

(3) Subsection (4) of this section applies where proceedings for one or more offences in respect of which a confiscation order may be made under this Act have been instituted against a person but have not been concluded.

F46[(4) The High Court may exercise the powers of a court under section 4, 8A  F47[, 8F] or 9 of this Act to make a confiscation order against the defendant if—

(a) the relevant proceedings have been instituted in respect of a drug trafficking offence, an offence of financing terrorism or an offence other than a drug trafficking offence or an offence of financing terrorism,

(b) the Director of Public Prosecutions asks the High Court to proceed under this section, and

(c) the High Court is satisfied that the defendant has absconded.]

(5) The power conferred by subsection (4) of this section may not be exercised at any time before the end of the period of two years beginning with the date which is, in the opinion of the court, the date on which the defendant absconded save where it appears to the High Court that it would be reasonable in the circumstances.

F47[(5A) Subsection (5B) applies where proceedings have been instituted against a person for a relevant offence but have not been concluded.

(5B) The High Court may exercise the powers of a court under section 8F to make a confiscation order against the defendant or the powers of a court under section 61 to make a forfeiture order if—

(a) the Director of Public Prosecutions asks the High Court to proceed under this section, and

(b) the High Court is satisfied that—

(i) the proceedings have been discontinued by reason of the defendant being ill, or in the case of a forfeiture order, the defendant has absconded, and

(ii) the proceedings could have led to a conviction if the proceedings had continued.]

(6) In any proceedings on an application under this section—

F46[(a) sections 5(2), 8B(2), F47[8G(2),] 10(3) and 10(4) of this Act shall not apply,]

(b) the court shall not make a confiscation order against a person who has absconded unless it is satisfied that the Director of Public Prosecutions has taken reasonable steps to contact him, and

(c) any person appearing to the court to be likely to be affected by the making of a confiscation order by the court shall be entitled to appear before the court and make representations.

Annotations

Amendments:

F46

Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 27(a)-(c), commenced on enactment.

F47

Inserted (28.11.2017) by European Union (Freezing and Confiscation of Instrumentalities and Proceeds of Crime) Regulations 2017 (S.I. No. 540 of 2017), reg. 10(a)-(c).