Criminal Justice (Terrorist Offences) Act 2005

Amendment of section 13 of Act of 1994.

27

27.—Section 13 of the Act of 1994 is amended as follows:

( a) by substituting the following for subsection (2):

“(2) The High Court may exercise the powers of a court under section 4, 8A 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.”;

(b) by substituting the following for subsection (4):

“(4) The High Court may exercise the powers of a court under section 4, 8A 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.”;

(c) in subsection (6) by substituting the following for paragraph ( a):

“( a) sections 5(2), 8B(2), 10(3) and 10(4) of this Act shall not apply,”.