Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-5 - LITERARY PROCEEDS ORDERS  

Division 5 - 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:


(i) the offence of which the person was convicted; or

(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;
including any appeals relating to the conviction; and


(b) the evidence given in any such proceeding.


 

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