Criminal Justice Act, 1994
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Power to discharge confiscation order and order compensation when absconder returns. |
67.—(1) This section applies where— | |
(a) the High Court has made a confiscation order by virtue of section 13 (4) of this Act in relation to an absconder, | ||
(b) the defendant has ceased to be an absconder, and | ||
(c) section 66 of this Act does not apply. | ||
(2) The High Court may, on the application of the defendant, cancel the confiscation order if it is satisfied that— | ||
(a) there has been undue delay in continuing the proceedings in respect of which the power under section 13 (4) of this Act was exercised; or | ||
(b) the Director of Public Prosecutions does not intend to proceed with the prosecution. | ||
(3) Where the High Court cancels a confiscation order under this section it may, on the application of a person who held property which was realisable property, order compensation to be paid to the applicant if it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order. | ||
(4) The amount of compensation to be paid under this section shall be such as the court considers just in all the circumstances of the case. | ||
(5) Where the court cancels a confiscation order under this section it may make such consequential or incidental order as it considers appropriate in connection with the cancellation. |