Section 7
11)
of Criminal Conduct (Recovery of Proceeds) Order, 2000
Where the Court is acting under section 5 but considers that it requires further information before -
{a} determining whether the defendant has benefited as mentioned in paragraph [b) of subsection (2) of section 5; or
[c) determining the amount to be recovered in his case by virtue of section 6, it may, for the purpose of enabling that information to be obtained, postpone making that determination for such period as it may specify.
(2)
More than one postponement may be made under subsection ( 1) in relation to the same case.
(3)
Unless it is satisfied that there are exceptional circumstances, the Court shall not specify a period under subsection (1) which-
(a)
by itself; or
(b)
where there have been one or more previous postponements under subsections (1) or (4), when taken together with the earlier specified period or periods, exceeds six months beginning with the date of conviction.
(4)
Where the defendant appeals against his conviction, the Court may, on that account 983
(a)
postpone making any of the determinations mentioned in subsection ( 1) for such period as it may specify; or
(b)
where it has already exercised its powers under this section to postpone, extend the specified period.
(5)
A postponement or extension under subsections (1) or (4,) may be made-
(a)
on application by the defendant or the prosecution; or
(b)
by the Court of its own motion.
(6)
Unless the Court is satisfied that there are exceptional circumstances, any postponement or extension under subsection (4) shall not exceed the period ending three months after the date on which the appeal is determined or otherwise disposed of.
(7)
Where the Court exercises its power under subsections (1) or (4), it may nevertheless proceed to sentence, or otherwise deal with, the defendant in respect of the offence or any of the offences.
\8)
Where the Court has so proceeded, section 6 shall have effect as if-
(a)
in subsection (4), the words and punctuation from ", before sentencing" to "offences concerned," were omitted; and
(b)
in subsection (5), after "determining" in the penultimate line there were inserted "in relation to any offence in respect of which he has not been sentenced or otherwise dealt with".
(9)
In sentencing, or otherwise dealing with, the defendant in respect of the offence or any of the offences at any time during the specified period, the Court shall not-fa)
impose any fine on him; or
(b)
make any such order as is mentioned in paragraphs (b} or (c) of subsection (5) of section 6.
(10)
In this section, "date of conviction" means-
(a} the date on which the defendant was convicted of the offence concerned; or
(b} where he was convicted in the same proceedings, but on different dates, of two or more offences which may be taken together for the purpose of subsection (2) of section 5, the date of the latest of those convictions.
984
27th.
2000
Statements, etc., relevant to making of confiscation orders.