Proceeds of Crime Act 2002
CHAPTER 2
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THE CONFISCATION SCHEME
PART 2-5
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LITERARY PROCEEDS ORDERS
Division 5
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The effect on literary proceeds orders of convictions being quashed
SECTION 175
Procedure on application for confirmation of literary proceeds order
175(1)
The person may appear and adduce evidence at the hearing of the application for confirmation of the order.
175(2)
The court may, in determining the application, have regard to:
(a) the transcript of any proceeding against the person for:
(b) the evidence given in any such proceeding.
The person may appear and adduce evidence at the hearing of the application for confirmation of the order.
175(2)
The court may, in determining the application, have regard to:
(a) the transcript of any proceeding against the person for:
(i) the offence of which the person was convicted; or
including any appeals relating to the conviction; and
(ii) if the person was taken to be convicted of that offence because of paragraph 331(1)(c) - the other offence referred to in that paragraph;
(b) the evidence given in any such proceeding.
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