Section 15
of Criminal Conduct (Recovery of Proceeds) Order, 2000
Section 15
(1)
If, on an application by any person affected by a confiscation order, including the defendant, the Court is satisfied that the realisable property is inadequate for the payment of any amount remaining to be recovered under the order it shall issue a certificate to that effect, giving it's reasons.
(2)
For the purpose of subsection (1)-
(a} in the case of realisable property held by a person against whom an order of adjudication for bankruptcy has been made, the Court shall take into account the extent to which any property held by him may be distributed among creditors; and
(b)
the Court may disregard any inadequacy in the realisable property which appears to it to be attributable wholly 9r 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 from any risk of realisation under this Order.
(3)
The Court may, on an application under this section, substitute for the amount to be recovered under the order such lesser amount as it thinks just in all the circumstances of the case.
Bankruptcy of defendant, etc.