Section 8
(1}
of Criminal Conduct (Recovery of Proceeds) Order, 2000
~ere
(a)
a defendant has been convicted of an offence to which this Order applies and the prosecution tenders to the Court a written statement as to any matters relevant -
(i)
to determining whether the defendant has benefited from the offence or from any other offence to which this Order applies of which he is convicted in the same proceedings or which is taken into consideration in determining his sentence; or
(ii)
to an assessment of the value of the defendant's benefit from the offence or any other offence to which this Order applies of which he is convicted or which is so taken into consideration;
and
(b)
the defendant accepts to any extent any allegation in the statement, the Court may, for the purpose of so determining or making such an assessment, treat his acceptance as conclusive of the matters to which it relates.
[2) Where-
(a)
a statement is tendered under paragraph (a) of subsection (1); and
(b)
the Court is satisfied that a copy of that statement has been served on the defendant, the Court may require the defendant to indicate to what extent he accepts each allegation in the statement and, so far as he does not accept any such allegation, to indicate any matters he proposes to rely on.
(3)
If the defendant fails in any respect to comply with a requirement under subsection [2), he may be treated for the purpose of this section as accepting every allegation in the statement apart from 985
(a)
any allegation in respect of which he has complied with the requirement; and
(b)
any allegation that he has benefited from an offence or that any property was obtained by him as a result of or in connection with the commission of an offence.
(4)
Where-
(a} there is tendered to the Court by the defendant a statement as to any matters relevant to determining the amount that might be realised at the time the confiscation order is made; and
{b) the prosecution accepts to any extent any allegation in the statement, the Court may, for the purpose of that determination, treat the acceptance by the prosecution as conclusive of the matters to which it relates.
(5)
If the Court is satisfied as to any matter relevant for determining the amount that might be realised at the time the confiscation order is made (whether by an acceptance under this section or otherwise), the Court may issue a ruling as to the matters concerned and shall do so if satisfied that the amount that might be realised at the time the confiscation order is made is less than the amount the
Court assesses to be the value of the defendant's benefit from the offence or, if more than one, all the offences in respect of which the order may be made.
Cases in which restraint orders and charging orders may be made.