Section 13
of Criminal Conduct (Recovery of Proceeds) Order, 2000
Section 13
(1)
Subject to subsection (2), such of-
(a)
the proceeds of the enforcement of any charge imposed under section 11;
{b)
the proceeds of the realisation, other than by the enforcement of such a charge, of any property under sections 10 or 12; or
(c)
any other sums, being property held by the defendant, as may be in the hands of a receiver appointed under this Order or in pursuance of a charging order shall, after such payments (if any) as the Court may direct have been made out of those sums, be applied on the defendant's behalf towards the satisfaction of the confiscation order.
(2)
If, after the amount payable under the confiscation order has been fully paid, any such sums remain in the hands of such a receiver, the receiver shall distribute them
{a) among such of those persons who held property which has been realised under this Order; and
{b)
in such proportions, as the Court may direct after giving a reasonable opportunity for such persons to make representations to the Court.
(3)
The receipt of any sum by the Chief Registrar of the Supreme Court on account of an amount payable under a confiscation order shall reduce the amount so payable, but he shall apply the money received for such of the purposes specified in this section as may be specified in the confiscation order and in the order so specified.
(4)
If the money was paid to the Chief Registrar of the Supreme Court by a receiver appointed under this Order or in pursuance of a charging order, he shall first pay the receiver's remuneration and expenses.
(5)
After making any payment required by subsection (4L the Chief
Registrar of the Supreme Court shall reimburse any amount paid under subsection
(2)
of section 18.
(6)
The Chief Registrar of the Supreme Court shall fmally pay any compensation directed to be paid out of any sums recovered under the confiscation order under subsection (7) of section 6.
(7)
Any money remaining in the hands of the Chief Registrar of the Supreme
Court after he has made all the payments required by the foregoing provisions of this section shall be treated as if it were a fine imposed by the Court.
(8)
Where under subsection (3) a sum falls to be applied in payment both of compensation and of other outgoings -
{a)
the person entitled to the compensation shall be liable to pay to the
Government such an amount as bears to the remuneration or expenses the same proportion as the amount payable in accordance with the direction under subsection (7) of section 6 bears to the total amount payable under the confiscation order;
{b)
the Chief Registrar of the Supreme Court shall deduct from the amount falling to be applied in payment of the compensation an amount equal to the amount of any liability arising by virtue of paragraph {a);
{c)
notwithstanding the deduction under paragraph {b), the person entitled to the compensation shall be treated as having received the whole amount which falls to be applied in payment of it; and
{d) the amount deducted shall be treated as if it were a fine imposed by the Court.
Exercise of powers by Court or receiver.