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Criminal Justice Act 1994
F21[Confiscation orders relating to offence of financing terrorism.
8A.—(1) Where a person has been sentenced or otherwise dealt with by a court in respect of one or more offences of financing terrorism of which that person has been convicted, the Director of Public Prosecutions may make, or cause to be made, an application to the court to determine whether the convicted person holds funds subject to confiscation.
(2) For the purposes of this Act, funds subject to confiscation are—
(a) funds used or allocated for use in connection with an offence of financing terrorism, or
(b) funds that are the proceeds of such an offence.
(3) An application under subsection (1) of this section may be made at the conclusion of the proceedings at which the person is sentenced or otherwise dealt with or at a later stage in the proceedings.
(4) An application under subsection (1) of this section shall not be made unless it appears to the Director of Public Prosecutions that the person in question holds funds subject to confiscation.
(5) If the court determines that the person in question holds funds subject to confiscation, the court shall—
(a) determine in accordance with section 8C of this Act the amount to be recovered in that person's case by virtue of this section, and
(b) make a confiscation order under this section requiring the person to pay that amount.
(6) The standard of proof applicable in civil proceedings is the standard required to determine a question arising under this Act as to—
(a) whether a person holds funds subject to confiscation, and
(b) the amount to be recovered in that person's case by virtue of this section.]
Annotations
Amendments:
F21
Inserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 22, commenced on enactment.