Proceeds of Crime Act 2002

CHAPTER 4 - ADMINISTRATION  

PART 4-1 - POWERS AND DUTIES OF THE OFFICIAL TRUSTEE  

Division 4 - Discharging pecuniary penalty orders and literary proceeds orders  

SECTION 285   Official Trustee not to carry out directions during appeal periods  

285(1)    

If the * Official Trustee is given a direction under section 282 or 282A in relation to property, the Official Trustee must not:

(a)    if the property is money - apply the money under section 284 until the end of the appeal period under this section; and

(b)    if the property is not money - sell or otherwise dispose of the property until the end of that period.

285(2)    
The appeal period under this section is the period ending:

(a)    

if the period provided for lodging an appeal against the * pecuniary penalty order, * literary proceeds order or *unexplained wealth order to which the direction relates has ended without such an appeal having been lodged - at the end of that period; or

(b)    

if an appeal against the pecuniary penalty order, literary proceeds order or unexplained wealth order has been lodged - when the appeal lapses or is finally determined.

285(3)    
However, if the person is convicted of the offence, or any of the offences, to which the * pecuniary penalty order or * literary proceeds order relates, the appeal period is:

(a)    the period ending:

(i) if the period provided for lodging an appeal against the conviction or convictions to which the direction relates has ended without such an appeal having been lodged - at the end of that period; or

(ii) if an appeal against the conviction or convictions has been lodged - when the appeal lapses or is finally determined; or

(b)    the appeal period under subsection (2);

whichever ends last.

285(4)    
For the purposes of subsection (3):

(a)    if the person is to be taken to have been convicted of an offence because of paragraph 331(1)(b) - references in that subsection to lodging of an appeal against the conviction are references to lodging of an appeal against the finding that the person is guilty of the offence; and

(b)    if the person is to be taken to have been convicted of an offence because of paragraph 331(1)(c) - references in that subsection to lodging of an appeal against the conviction are references to lodging of an appeal against the person ' s conviction of the other offence referred to in that paragraph.

Controlled property

285(5)    

If the property to which a direction under section 282 or 282A relates is controlled property for the purposes of Division 3 of Part 4-1 , this section does not prevent or limit the exercise of powers or performance of duties by the *Official Trustee under that Division.