Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 · 2020 Revised Edition · Part 3 · Enforcement, Etc., of Confiscation Orders
25. Variation of confiscation orders
Feedback & supportLast amended by an amending law of 2010. 2 amendments in all.
If, on an application by the defendant in respect of a confiscation order, the court is satisfied that the realisable property is inadequate for the payment of any amount remaining to be recovered under the order, the court is to issue a certificate to that effect, giving its reasons.
defendant
“defendant” means a person against whom proceedings have been instituted for a drug dealing offence or a serious offence, as the case may be, or offences whether or not the person has been convicted thereof;
For the purposes of subsection (1) —
in the case of realisable property held by a person who has been adjudged bankrupt or whose estate has been sequestrated, the court must take into account the extent to which any property held by the person may be distributed among creditors; and
the court may disregard any inadequacy in the realisable property which appears to the court to be attributable, wholly or partly, to anything done by the defendant for the purpose of preserving any property held by a person to whom the defendant had, directly or indirectly, made a gift caught by this Act from any risk of realisation under this Act.
Where a certificate has been issued under subsection (1), the defendant may apply to the court which made the confiscation order for the amount to be recovered under the order to be reduced.
confiscation order
“confiscation order” means an order made under section 6 or 7;
The court which made the confiscation order is to, on an application under subsection (3) —
substitute for the amount to be recovered under the order such lesser amount as the court thinks just in all the circumstances of the case; and
substitute for the term of imprisonment fixed under section 319 of the Criminal Procedure Code 2010 in respect of the amount to be recovered under the order a shorter term determined in accordance with that section (as it has effect by virtue of section 17) in respect of the lesser amount.[22