Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-4 - PECUNIARY PENALTY ORDERS  

Division 5 - The effect on pecuniary penalty orders of convictions being quashed  

SECTION 148   Procedure on application for confirmation or variation of pecuniary penalty order  

148(1)    

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The person may appear and adduce evidence at the hearing of the application for confirmation or variation of the order.

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History

S 148(1) amended by No 4 of 2010, s 3 and Sch 1 item 87, by inserting " or variation " after " confirmation " , applicable in relation to convictions quashed on or after 20 February 2010, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement.

148(2)    
The court may, in determining the application, have regard to:

(a) the transcript of any proceeding against the person for:

(i) any of the offences to which the order relates of which the person was convicted; or

(ii) if the person was taken to be convicted of any of those offences because of paragraph 331(1)(c) - the other offence referred to in that paragraph;

including any appeals relating to such a conviction; and

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(b) the evidence given in any such proceeding.

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History

S 148(2) amended by No 4 of 2010, s 3 and Sch 1 items 88 to 90, by substituting " any of the offences to which the order relates " for " the offence " in para (a)(i), substituting " any of those offences " for " that offence " in para (a)(ii) and substituting " such a conviction " for " the conviction " in para (a), applicable in relation to convictions quashed on or after 20 February 2010, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement.

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