Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-4 - PECUNIARY PENALTY ORDERS  

Division 3 - How pecuniary penalty orders are obtained  

SECTION 134   Proceeds of crime authority may apply for a pecuniary penalty order  

134(1)    

A *proceeds of crime authority may apply for a * pecuniary penalty order.

134(2)    
If the application relates to a person ' s conviction of a * serious offence, the application must be made before:

(a) the end of the period of 9 months after the * conviction day; or

(b) if an * extension order is in force at the end of that period - the end of the period of 3 months after the end of the extended period relating to that extension order.

134(3)    
If the application relates to a person ' s conviction of an * indictable offence that is not a * serious offence, the application must be made before the end of the period of 6 months after the * conviction day.

134(4)    
An application may be made in relation to one or more offences.

134(5)    
An application may be made for a * pecuniary penalty order in relation to an offence even if:

(a) a * forfeiture order in relation to the offence, or an application for such a forfeiture order, has been made; or

(b) Part 2-3 (forfeiture on conviction of a serious offence) applies to the offence.

134(6)    

Despite subsections (2) and (3), the court hearing the application may give leave for the application to be made after the time before which an application would otherwise need to be made under those subsections if it is satisfied that it would be in the interests of justice to allow the application.