Criminal Justice Act, 1994
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Bankruptcy of defendant, etc. |
28.—(1) Where a person who holds realisable property is adjudicated bankrupt— | |
(a) property for the time being subject to a restraint order made before the order adjudicating him bankrupt, and | ||
(b) any proceeds of property realised by virtue of section 20 (5) or (6) or 24 (7) of this Act, for the time being in the hands of a receiver, | ||
is excluded from the property of the bankrupt for the purposes of the Bankruptcy Act, 1988 . | ||
(2) Where a person has been adjudicated bankrupt, the powers conferred on the High Court or on a receiver by section 20 or 24 of this Act shall not be exercised in relation to property of the bankrupt for the purposes of the said Act of 1988. | ||
(3) Where a person is adjudicated bankrupt and has directly or indirectly made a gift caught by this Act— | ||
(a) no decision as to whether the gift is void shall be made under section 57, 58 or 59 of the said Act of 1988 in respect of the making of the gift at any time when— | ||
(i) proceedings for an offence in respect of which a confiscation order might be made have been instituted against him and have not been concluded, or | ||
(ii) an application has been made in respect of the defendant under section 7 , 8 , 13 , or 18 of this Act and has not been concluded, or | ||
(iii) property of the person to whom the gift was made is subject to a restraint order, | ||
and | ||
(b) any decision as to whether it is void made under any of those sections after the conclusion of the proceedings or of the application shall take into account any realisation under this Act of property held by the person to whom the gift was made. | ||
(4) In any case in which a petition in bankruptcy was presented, or an adjudication in bankruptcy was made, before 1st January, 1989, this section shall have effect with the modification that for references to the property of the bankrupt for the purposes of the said Act of 1988 there shall be substituted references to the property of the bankrupt vesting in the assignees for the purposes of the law of bankruptcy existing before that date. |