Section 9
of Criminal Conduct (Recovery of Proceeds) Order, 2000
Section 9
(1)
The powers conferred on the Court by subsection (1) of section 10 and subsection ( 1) of section 11 are exercisable where -
(a}
proceedings have been instituted against the defendant for an offence to which this Order applies;
(b)
the proceedings have not been concluded; and
(c)
either a confiscation order has been made or it appears to the Court that there are reasonable grounds for thinking that a confiscation order may be made in them.
(2)
Those powers are also exercisable where -
(a} the Court is satisfied that proceedings will be instituted against a person within seven days of the application for an order under subsection (1) of section 10 or subsection (1) of section 11; and
(b)
it appears to the Court that a confiscation order may be made in proceedings for the offence.
(3)
For the purposes of sections 10 and 11, at any time when those powers are exercisable but before proceedings have been instituted -
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(a} a reference in this Order to the defendant shall be construed as a reference to the person referred to in paragraph {a) of subsection 12);
and
{b)
a reference in this Order to realisable property shall be construed as if, immediately before that time, proceedings had been instituted against the person referred to in paragraph {a) of subsection (2) for an offence to which this Order applies.
(4)
Where the Court has made an order under subsection (1) of section 10 or subsection (1) of section 11, by virtue of subsection (2)
{a)
the prosecution shall notify the Court immediately if proceedings have not been instituted within seven days of the application for the order; and
{b) the Court shall discharge the order if proceedings in respect of the offence have not been instituted within seven days of the application for an order under subsection (1) of section 10 or subsc;ction ( 1) of section 11.
Restraint orders.