Criminal Justice (Terrorist Offences) Act 2005

Amendment of section 13 of Act of 1994.

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,”.