Peru - Lima Metropolitan Development Project : Loan 2451 - Loan Agreement - Conformed

he is convicted of an offence or offences in proceedings before the Crown Court;

he is committed to the Crown Court for sentence in respect of an offence or offences under section 3, 4 or 6 section 3, 3A, 3B, 3C, 4, 4A or 6 of the Sentencing Act any provision of sections 14 to 20 of the Sentencing Code;

he is committed to the Crown Court in respect of an offence or offences under section 70 below (committal with a view to a confiscation order being considered).

the prosecutor ... asks the court to proceed under this section, or

the court believes it is appropriate for it to do so.

if asked to do so by the prosecutor it must decide whether the defendant has a criminal lifestyle;

if (pursuant to paragraph (a)) it decides that he has a criminal lifestyle it must decide whether he has benefited from his general criminal conduct;

if it is not asked to decide whether the defendant has a criminal lifestyle or if it decides that he does not have a criminal lifestyle it must decide whether he has benefited from his particular criminal conduct.

decide the recoverable amount, and

make an order (a confiscation order) requiring him to pay that amount.

an order has been made, or it believes an order may be made, against the defendant under section 4 (criminal unlawful profit orders) of the Prevention of Social Housing Fraud Act 2013 in respect of profit made by the defendant in connection with the conduct, or

it believes that a person has at any time started or intends to start proceedings against the defendant under section 5 (civil unlawful profit orders) of that Act in respect of such profit.

the available amount, or

a nominal amount, if the available amount is nil.

the court believes is just, but

does not exceed the amount found under subsection (1) or (2) (as the case may be).

any property in respect of which a recovery order is in force under section 266,

any property which has been forfeited in pursuance of a forfeiture notice under section 297A or an account forfeiture notice under section 303Z9, ...

any property in respect of which a forfeiture order is in force under section 298(2), 303O(3), 303R(3) , 303Z14(4), 303Z41(4), 303Z45(3) or 303Z60(4) , and

any property which is the forfeitable property in relation to an order under section 303Q(1) or 303Z44(1).

deciding whether the defendant has benefited from conduct, and

deciding his benefit from the conduct.

take account of conduct occurring up to the time it makes its decision;

take account of property obtained up to that time.

the conduct concerned is general criminal conduct,

a confiscation order mentioned in subsection (5) has at an earlier time been made against the defendant, and

his benefit for the purposes of that order was benefit from his general criminal conduct.

the amount ordered to be paid under each confiscation order previously made against the defendant;

the amount ordered to be paid under each confiscation order previously made against him under any of the provisions listed in subsection (7).

the Drug Trafficking Offences Act 1986 (c. 32);

Part 1 of the Criminal Justice (Scotland) Act 1987 (c. 41);

Part 6 of the Criminal Justice Act 1988 (c. 33);

the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));

Part 1 of the Drug Trafficking Act 1994 (c. 37);

Part 1 of the Proceeds of Crime (Scotland) Act 1995 (c. 43);

the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9));

Part 3 or 4 of this Act.

the total of the values (at the time the confiscation order is made) of all the free property then held by the defendant minus the total amount payable in pursuance of obligations which then have priority, ...

the total of the values (at that time) of all tainted gifts , and

any amount determined under section 9A (value of hidden property).

to pay an amount due in respect of a fine or other order of a court which was imposed or made on conviction of an offence and at any time before the time the confiscation order is made, or

to pay a sum which would be included among the preferential debts if the defendant’s bankruptcy had commenced on the date of the confiscation order or his winding up had been ordered on that date.

deciding whether he has benefited from his general criminal conduct, and

deciding his benefit from the conduct.

as a result of his general criminal conduct, and

at the earliest time he appears to have held it.

as a result of his general criminal conduct, and

at the earliest time he appears to have held it.

the assumption is shown to be incorrect, or

there would be a serious risk of injustice if the assumption were made.

any evidence about the serious risk of injustice that has been made available to it, and

any explanation given by the defendant for being unable to provide evidence that would have shown the assumption to be incorrect.

the day when proceedings for the offence concerned were started against the defendant, or

if there are two or more offences and proceedings for them were started on different days, the earliest of those days.

the relevant day is the day when the defendant’s benefit was calculated for the purposes of the last such confiscation order;

the second assumption does not apply to any property which was held by him on or before the relevant day.

the date on which the defendant was convicted of the offence concerned, or

if there are two or more offences and the convictions were on different dates, the date of the latest.

the defendant’s benefit from the conduct concerned exceeds the total of the values (as at the time the confiscation order is made) of—

some or all of that excess is a result of property having been hidden by or on behalf of the defendant.

expenditure incurred by the defendant which has or may have been met from the defendant’s benefit from the conduct concerned;

changes in the value of the property held by the defendant.

in a specified period, or

in specified periods each of which relates to a specified amount.

must start with the day on which the confiscation order is made, and

must not exceed three months.

within any specified period the defendant applies to the Crown Court for that period to be extended, and

the court is satisfied that, despite having made all reasonable efforts, the defendant is unable to pay the amount to which the specified period relates within that period,

must start with the day on which the confiscation order is made, and

must not exceed six months.

may be made after the end of the specified period to which it relates, but

must not be made after the end of the period of six months starting with the day on which the confiscation order is made.

to pay the amount remaining to be paid, or

to pay an amount towards what remains to be paid,

an application has been made under section 11(4) for a specified period to be extended,

the application has not been determined by the court, and

the period of six months starting with the day on which the confiscation order was made has not ended,

there is property held by the defendant that is likely to be realised or otherwise used to satisfy the order, and

a person other than the defendant holds, or may hold, an interest in the property,

the realisation or destruction of the property, or the transfer of an interest in the property, with a view to satisfying the confiscation order, or

any action or proceedings taken for the purposes of any such realisation or transfer.

is subject to section 51(8B), and

does not apply in relation to a question that arises in proceedings before the Court of Appeal or the Supreme Court.

it imposes a fine on the defendant, or

it makes an order falling within subsection (3).

an order involving payment by the defendant, other than an order under section 46 of the Sentencing Code (criminal courts charge) or a priority order;

an order under section 27 of the Misuse of Drugs Act 1971 (c. 38) (forfeiture orders);

an order under Chapter 4 of Part 7 of the Sentencing Code (deprivation orders);

an order under section 23 or 23A of the Terrorism Act 2000 (c. 11) (forfeiture orders).

a compensation order under Chapter 2 of Part 7 of the Sentencing Code;

an order requiring payment of a surcharge under section 42 of the Sentencing Code;

an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.

the Crown Court makes both a confiscation order and an order for the payment of compensation under section 130 of the Sentencing Act against the same person in the same proceedings, and

the court believes he will not have sufficient means to satisfy both the orders in full.

a confiscation order, and

one or more priority orders.

on the making of the confiscation order, and

if it does not make a compliance order then, at any later time (while the confiscation order is still in effect) on the application of the prosecutor.

the prosecutor;

any person affected by the order.

a court;

a prosecutor;

a person who is an appropriate officer within the meaning given by section 41A(3) or 47A(1);

any other person whose functions include the investigation of crime;

a receiver appointed under section 48 or 50.

proceed under section 6 before it sentences the defendant for the offence (or any of the offences) concerned, or

postpone proceedings under section 6 for a specified period.

the defendant appeals against his conviction for the offence (or any of the offences) concerned, and

the period of three months (starting with the day when the appeal is determined or otherwise disposed of) ends after the period found under subsection (5),

on application by the defendant;

on application by the prosecutor or the Director (as the case may be);

by the court of its own motion.

proceedings are postponed for a period, and

an application to extend the period is made before it ends,

the date on which the defendant was convicted of the offence concerned, or

if there are two or more offences and the convictions were on different dates, the date of the latest.

imposed a fine on the defendant;

made an order falling within section 13(3);

made an order under section 130 of the Sentencing Act (compensation orders).

impose a fine on him,

make an order falling within section 13(3), or

make an order for the payment of compensation under section 130 of the Sentencing Act.

imposing a fine on him,

making an order falling within section 13(3), or

making an order for the payment of compensation under section 130 of the Sentencing Act.

section 18(2) of the Criminal Appeal Act 1968 (c. 19) (time limit for notice of appeal or of application for leave to appeal), and

paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (c. 33) (time limit for notice of application for leave to refer a case under section 36 of that Act),

whether the defendant has a criminal lifestyle;

whether he has benefited from his general criminal conduct;

his benefit from the conduct.

in connection with the making by the court of a required assumption under section 10;

for the purpose of enabling the court to decide if the circumstances are such that it must not make such an assumption.

whether the defendant has benefited from his particular criminal conduct;

his benefit from the conduct.

he may at any time give the court a further statement of information;

he must give the court a further statement of information if it orders him to do so, and he must give it within the period the court orders.

whether to make a determination under section 10A, or

what determination to make (if the court decides to make one).

impose a fine on the defendant,

make an order falling within section 13(3)(a),

make an order falling within section 13(3)(b), (c) or (d) other than any such order made in respect of property that has little or no market value at the time of sentencing,

make an order for the payment of compensation under Chapter 2 of Part 7 of the Sentencing Code,

make an order for the payment of a surcharge under section 42 of that Code, or

make an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

imposing a fine on the defendant,

making an order falling within section 13(3),

making an order for the payment of compensation under Chapter 2 of Part 7 of the Sentencing Code,

making an order for the payment of a surcharge under section 42 of that Code, or

making an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

makes a confiscation order under section 6, or

decides not to make such an order.

section 18(2) of the Criminal Appeal Act 1968 (time limit for notice of appeal or of application for leave to appeal), and

paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of application for leave to refer a case under section 36 of that Act),

to indicate (within the period it orders) the extent to which he accepts each allegation in the statement, and

so far as he does not accept such an allegation, to give particulars of any matters he proposes to rely on.

any allegation in respect of which he has complied with the requirement;

any allegation that he has benefited from his general or particular criminal conduct.

the Crown Court is proceeding under section 6, and

the court directs that an early resolution of confiscation meeting (an “EROC meeting”) is to be held.

reaching agreement on the question whether a confiscation order is required to be made against the defendant and, if so, on the amount required to be paid by the defendant under the confiscation order, or

in a case where agreement as mentioned in paragraph (a) is not reached, identifying the questions to be decided by the court in proceeding under section 6 on which they disagree.

may be given by the court on application by the prosecutor or of its own motion;

may require or permit the attendance at an EROC meeting of—

the court is proceeding under section 6 in a case where section 6(3)(a) applies, or

it is proceeding under section 6 in a case where section 6(3)(b) applies or it is considering whether to proceed.

in giving information required by an order under this section, or

in any other statement given to the court in relation to any matter relevant to deciding—

the prosecutor and defendant did not reach agreement as mentioned in section 15B(3)(a), or

the prosecutor and defendant did reach agreement, but the court decided not to make a confiscation order under section 6 requiring the defendant to pay the amount agreed.

is considering whether to make a determination under section 10A of the extent of the defendant's interest in any property, or

is deciding what determination to make (if the court has decided to make a determination under that section).

in giving information required by an order under this section, or

in any other statement given to the court in relation to any matter relevant to a determination under section 10A,

the first condition in section 6 is satisfied but no court has proceeded under that section,

there is evidence which was not available to the prosecutor on the relevant date,

before the end of the period of six years starting with the date of conviction the prosecutor ... applies to the Crown Court to consider the evidence, and

after considering the evidence the court believes it is appropriate for it to proceed under section 6.

take account of conduct occurring before the relevant date;

take account of property obtained before that date;

take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.

the first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date;

the third assumption does not apply with regard to expenditure incurred by him on or after that date;

the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date.

the court believes is just, but

does not exceed the amount found under section 7.

the amount found under section 7;

any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;

any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by the court in deciding what is the free property held by him for the purposes of section 9;

any order which has been made against him in respect of the offence (or any of the offences) concerned under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code (compensation orders) ;

any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 or section 42 of the Sentencing Code (orders requiring payment of surcharge);

any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders).

if the court made a decision not to proceed under section 6, the date of the decision;

if the court did not make such a decision, the date of conviction.

the date on which the defendant was convicted of the offence concerned, or

if there are two or more offences and the convictions were on different dates, the date of the latest.

has decided under section 6(4)(b) that the defendant has not benefited from his general criminal conduct, or

has decided under section 6(4)(c) that the defendant has not benefited from his particular criminal conduct.

the Director has evidence which was not available to him when the court decided that the defendant had not benefited from his general or particular criminal conduct,

before the end of the period of six years starting with the date of conviction the Director applies to the Crown Court to consider the evidence, and

after considering the evidence the court concludes that it would have decided that the defendant had benefited from his general or particular criminal conduct (as the case may be) if the evidence had been available to it.

there is evidence which was not available to the prosecutor when the court decided that the defendant had not benefited from his general or particular criminal conduct,

before the end of the period of six years starting with the date of conviction the prosecutor ... applies to the Crown Court to consider the evidence, and

after considering the evidence the court concludes that it would have decided that the defendant had benefited from his general or particular criminal conduct (as the case may be) if the evidence had been available to it.

must make a fresh decision under section 6(4)(b) or (c) whether the defendant has benefited from his general or particular criminal conduct (as the case may be);

may make a confiscation order under that section.

take account of conduct occurring before the date of the original decision that the defendant had not benefited from his general or particular criminal conduct;

take account of property obtained before that date;

take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.

the first and second assumptions do not apply with regard to property first held by the defendant on or after the date of the original decision that the defendant had not benefited from his general or particular criminal conduct;

the third assumption does not apply with regard to expenditure incurred by him on or after that date;

the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date.

the court believes is just, but

does not exceed the amount found under section 7.

the amount found under section 7;

any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;

any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by the court in deciding what is the free property held by him for the purposes of section 9;

any order which has been made against him in respect of the offence (or any of the offences) concerned under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code (compensation orders) ;

any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 or section 42 of that Code (orders requiring payment of surcharge);

any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders).

a court has made a confiscation order,

there is evidence which was not available to the prosecutor ... at the relevant time,

the prosecutor ... believes that if the court were to find the amount of the defendant’s benefit in pursuance of this section it would exceed the relevant amount,

before the end of the period of six years starting with the date of conviction the prosecutor ... applies to the Crown Court to consider the evidence, and

after considering the evidence the court believes it is appropriate for it to proceed under this section.

take account of conduct occurring up to the time it decided the defendant’s benefit for the purposes of the confiscation order;

take account of property obtained up to that time;

take account of property obtained after that time if it was obtained as a result of or in connection with conduct occurring before that time.

the first and second assumptions do not apply with regard to property first held by the defendant after the time the court decided his benefit for the purposes of the confiscation order;

the third assumption does not apply with regard to expenditure incurred by him after that time;

the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him after that time.

must make a new calculation of the recoverable amount for the purposes of section 6, and

if it exceeds the amount required to be paid under the confiscation order, may vary the order by substituting for the amount required to be paid such amount as it believes is just.

take the new calculation of the defendant’s benefit;

apply sections 9 and 9A as if references to the time the confiscation order is made were to the time of the new calculation of the recoverable amount and as if references to the date of the confiscation order were to the date of that new calculation.

any fine imposed on the defendant for the offence (or any of the offences) concerned;

any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by the court in deciding what is the free property held by him for the purposes of section 9;

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when the court calculated the defendant’s benefit for the purposes of the confiscation order, if this section has not applied previously;

when the court last calculated the defendant’s benefit in pursuance of this section, if this section has applied previously.

the amount found as the defendant’s benefit for the purposes of the confiscation order, or

if one or more new calculations of the defendant’s benefit have been made under this section or section 21A, the amount found on the occasion of the last such calculation.

a court has made a confiscation order,

the amount required to be paid was the amount found under section 7(2), and

an applicant falling within subsection (2) applies to the Crown Court to make a new calculation of the available amount.

the prosecutor;

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a receiver appointed under section 50 ....

it believes is just, but

does not exceed the amount found as the defendant’s benefit from the conduct concerned.

any fine imposed on the defendant for the offence (or any of the offences) concerned;

any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by the court in deciding what is the free property held by him for the purposes of section 9;

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the amount found as the available amount for the purposes of the confiscation order, if this section has not applied previously;

the amount last found as the available amount in pursuance of this section, if this section has applied previously.

the amount so found when the confiscation order was made, or

if one or more new calculations of the defendant’s benefit have been made under section 21 or 21A, the amount found on the occasion of the last such calculation.

a court has made a confiscation order,

there is relevant property,

an application to proceed under this section is made to the Crown Court by—

the applicant believes that if the court were to make a new calculation of the defendant’s benefit and in doing so applied section 21(3) to (6), the amount found would not exceed the amount that would be found if the court were to make a new calculation of the defendant’s benefit under subsection (4).

it was held by the defendant when the relevant amount was calculated, but

it is no longer held by the defendant because it has been—

adjusting the relevant amount to take account of changes in the value of money since it was calculated, and

deducting from that adjusted amount the amount by which A is less than B.

the court makes a new calculation of the defendant’s benefit under subsection (4), and

the court determines that C is less than D, where—

affect the defendant’s liability to pay any interest which was payable under section 12 for a period before the variation of the order but which had not been paid at the time of the variation, or

give rise to any obligation to refund any amount already paid by the defendant under the order.

the amount found as the defendant’s benefit for the purposes of the confiscation order, or

if one or more new calculations of the defendant’s benefit have been made under section 21 or this section, the amount found on the occasion of the last such calculation.

a court has made a confiscation order, and

the defendant or the prosecutor , or a receiver appointed under section 50 ..., applies to the Crown Court to vary the order under this section.

a court has made a confiscation order,

the designated officer for a magistrates' court applies to the Crown Court for the discharge of the order, and

the amount remaining to be paid under the order is less than £1,000.

finds that the available amount (as so calculated) is inadequate to meet the amount remaining to be paid, and

is satisfied that the inadequacy is due wholly to a specified reason or a combination of specified reasons,

in a case where any of the realisable property consists of money in a currency other than sterling, that fluctuations in currency exchange rates have occurred;

any reason specified by the Secretary of State by order.

a compensation order has been made against the defendant in respect of the offence (or any of the offences) concerned, and

at the time the compensation order was made, the amount of the compensatable loss that had been sustained by the person in whose favour it was made was greater than the amount required to be paid by the compensation order.

the amount of the compensatable loss that had been sustained by the person at the time the compensation order was made, and

the amount required to be paid to the person by the compensation order,

at the time the confiscation order was made, a person was known to the court to have sustained compensatable loss as a result of the offence (or any of the offences) concerned, but

a compensation order has not been made against the defendant in respect of that compensatable loss.

the amount of the compensatable loss that had been sustained by the person as a result of the offence (or any of the offences) concerned at the time the confiscation order was made, or

so much of that amount as remains unpaid.

a court has made a confiscation order,

the designated officer for a magistrates' court applies to the Crown Court for the discharge of the order, and

the amount remaining to be paid under the order is £50 or less.

the court proceeds under section 6 in pursuance of section 19 or 20, or

the prosecutor ... applies under section 21.

the prosecutor ... must give the court a statement of information within the period the court orders;

section 16 applies accordingly (with appropriate modifications where the prosecutor ... applies under section 21);

section 17 applies accordingly;

section 18 applies as it applies in the circumstances mentioned in section 18(1).

a court has made a confiscation order,

the defendant dies while the order is not satisfied, and

the designated officer for a magistrates' court applies to the Crown Court for the discharge of the order.

it is not possible to recover anything from the estate of the deceased for the purpose of satisfying the order to any extent, or

it would not be reasonable to make any attempt, or further attempt, to recover anything from the estate of the deceased for that purpose.

he absconds and, either before or after doing so, he is convicted of an offence or offences in proceedings before the Crown Court;

he absconds after being committed to the Crown Court for sentence in respect of an offence or offences under any provision of sections 14 to 20 of the Sentencing Code;

he absconds after being committed to the Crown Court in respect of an offence or offences under section 70 below (committal with a view to a confiscation order being considered).

the prosecutor ... applies to the Crown Court to proceed under this section, and

the court believes it is appropriate for it to do so.

any person the court believes is likely to be affected by an order under section 6 is entitled to appear before the court and make representations;

the court must not make an order under section 6 unless the prosecutor ... has taken reasonable steps to contact the defendant;

section 6(9) applies as if the reference to subsection (2) were to subsection (2) of this section;

sections 10, 16(4), 17 and 18 must be ignored;

sections 19, 20 and 21 must be ignored while the defendant is still an absconder.

section 19 has effect as if subsection (1) read—;

section 20 has effect as if subsection (4) read—;

section 21 has effect as if subsection (1) read—;

the modifications set out in subsection (5)(a) to (d) of this section do not apply to proceedings that take place by virtue of section 19, 20 or 21 (as applied by this subsection).

proceedings for an offence or offences are started against a defendant but are not concluded,

he absconds, and

the period of three months (starting with the day the court believes he absconded) has ended.

the prosecutor ... applies to the Crown Court to proceed under this section, and

the court believes it is appropriate for it to do so.

any person the court believes is likely to be affected by an order under section 6 is entitled to appear before the court and make representations;

the court must not make an order under section 6 unless the prosecutor ... has taken reasonable steps to contact the defendant;

section 6(9) applies as if the reference to subsection (2) were to subsection (2) of this section;

sections 10, 16(4) and 17 to 20 must be ignored;

section 21 must be ignored while the defendant is still an absconder.

section 21 has effect as if subsection (1) read—;

the modifications set out in subsection (5)(a) to (d) of this section do not apply to proceedings that take place by virtue of section 21 (as applied by this subsection).

the court makes an order under section 6 as applied by this section, and

the defendant is later convicted in proceedings before the Crown Court of the offence (or any of the offences) concerned,

the court makes a confiscation order under section 6 as applied by section 28,

the defendant ceases to be an absconder,

he is convicted of an offence (or any of the offences) mentioned in section 28(2)(a),

he believes that the amount required to be paid was too large (taking the circumstances prevailing when the amount was found for the purposes of the order), and

before the end of the relevant period he applies to the Crown Court to consider the evidence on which his belief is based.

it must find the amount which should have been the amount required to be paid (taking the circumstances prevailing when the amount was found for the purposes of the order), and

it may vary the order by substituting for the amount required to be paid such amount as it believes is just.

the date on which the defendant was convicted of the offence mentioned in section 28(2)(a), or

if there are two or more offences and the convictions were on different dates, the date of the latest.

the court makes a confiscation order under section 6 as applied by section 28,

the defendant is later tried for the offence or offences concerned and acquitted on all counts, and

he applies to the Crown Court to discharge the order.

the court makes a confiscation order under section 6 as applied by section 28,

the defendant ceases to be an absconder,

subsection (1)(b) does not apply, and

he applies to the Crown Court to discharge the order.

there has been undue delay in continuing the proceedings mentioned in section 28(2), or

the prosecutor does not intend to proceed with the prosecution.

itself proceed under section 6 (ignoring subsections (1) to (3)), or

direct the Crown Court to proceed afresh under section 6.

have regard to any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;

have regard to any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned, unless the order has already been taken into account by a court in deciding what is the free property held by the defendant for the purposes of section 9.

the court must have regard to it, and

section 13(5) and (6) above do not apply.

take account of conduct occurring before the relevant date;

take account of property obtained before that date;

take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.

the first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date;

the third assumption does not apply with regard to expenditure incurred by him on or after that date;

the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date.

the defendant or the prosecutor (if the prosecutor appealed under section 31);

the defendant or the Director (if the Director appealed under section 31).

confirm the decision, or

direct the Crown Court to proceed afresh under section 6 if it believes the decision was wrong.

have regard to any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;

have regard to any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned, unless the order has already been taken into account by a court in deciding what is the free property held by the defendant for the purposes of section 9.

the Crown Court must have regard to it, and

section 13(5) and (6) above do not apply.

take account of conduct occurring before the relevant date;

take account of property obtained before that date;

take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.

the first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date;

the third assumption does not apply with regard to expenditure incurred by him on or after that date;

the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date.

in a case where the Crown Court made a confiscation order which was quashed by the Court of Appeal, the date on which the Crown Court made the order;

in any other case, the date on which the Crown Court decided not to make a confiscation order.

the court proceeded under section 6 after being asked to do so by the Director;

the court proceeded under section 6 by virtue of an application by the Director under section 19, 20, 27 or 28;

the court proceeded under section 6 as a result of an appeal by the Director under section 31(2) or 33;

before the court made the order the Director applied to the court to appoint him as the enforcement authority for the order.

makes a confiscation order, and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ignore section 75 of that Act (power to dispense with immediate payment);

such an amount is not a sum adjudged to be paid by a conviction for the purposes of section 81 (enforcement of fines imposed on young offenders) or a fine for the purposes of section 85 (remission of fines) of that Act;

in section 87 of that Act ignore subsection (3) (inquiry into means).

subsections (3) and (5) of that section, and

subsection (2A) above.

amend subsection (2A) so as to provide for minimum terms of imprisonment or detention under section 129(3) of the Sentencing Code (as applied by subsection (2) above) in respect of amounts ordered to be paid under a confiscation order;

amend the Table in subsection (2A) so as to remove, alter or replace any entry (including an entry inserted by virtue of the power in paragraph (a) of this subsection) or to add any entry.

makes a confiscation order, and

appoints the Director as the enforcement authority for the order.

a confiscation order has been made;

the Director has been appointed as the enforcement authority for the order;

because of the defendant’s wilful refusal or culpable neglect the order is not satisfied;

the order is not subject to appeal;

the Director has done all that is practicable (apart from this section) to enforce the order.

the defendant appears before the Crown Court in pursuance of the summons or of a warrant issued under subsection (4), and

the court is satisfied that the conditions set out in subsection (2) are satisfied,

the defendant has been committed to prison or detention in pursuance of a warrant issued under subsection (5), and

a payment is made in respect of some or all of the amount remaining to be paid under the confiscation order.

a warrant committing the defendant to prison or detention is issued for a default in payment of an amount ordered to be paid under a confiscation order in respect of an offence or offences, and

at the time the warrant is issued the defendant is liable to serve a term of custody in respect of the offence (or any of the offences).

any sentence suspended under section 264 or 277 of the Sentencing Code (including by virtue of section 264A or 277A of that Code) which has not taken effect at the time the warrant is issued;

in the case of a sentence of imprisonment passed with an order under section 47(1) of the Criminal Law Act 1977 (c. 45) (sentences of imprisonment partly served and partly suspended) any part of the sentence which the defendant has not at that time been required to serve in prison;

any term of imprisonment or detention fixed under section 129(3) of the Sentencing Code (term to be served in default of payment of fine etc) for which a warrant committing the defendant to prison or detention has not been issued at that time.

a court varies a confiscation order under section 21, 21A, 22, 23, 29, 32 or 33,

the effect of the variation is to vary the maximum period applicable in relation to the order under section 35(2A), and

the result is that that maximum period is less than the term of imprisonment or detention fixed in respect of the order under section 129(3) of the Sentencing Code.

the Director, if he was appointed as the enforcement authority for the order under section 34;

the prosecutor, in any other case.

any of the first to fifth conditions is satisfied (see subsections (2) to (6)), and

there is a real risk that relevant realisable property held by any person will be dissipated unless the Crown Court exercises the powers conferred by section 41 in relation to that property.

a criminal investigation has been started in England and Wales with regard to an offence, and

there are reasonable grounds to suspect that the alleged offender has benefited from his criminal conduct.

“relevant realisable property” is realisable property that could be used for the purpose of satisfying any confiscation order that has been or may be made against the defendant;

a reference to relevant realisable property being “dissipated” is to it ceasing to be available for that purpose.

proceedings for an offence have been started in England and Wales and not concluded, and

there is reasonable cause to believe that the defendant has benefited from his criminal conduct.

the nature of the relevant realisable property;

the extent to which any person has taken steps with a view to relevant realisable property being dissipated;

any circumstances of a person who holds the relevant realisable property that may affect the ease with which they would be able to secure the dissipation of the property;

any evidence of such a person’s character;

the nature of the defendant’s criminal conduct;

the amount by which the defendant is suspected or believed to have benefited from their criminal conduct;

the stage of the proceedings for an offence against the defendant.

an application by the prosecutor ... has been made under section 19, 20, 27 or 28 and not concluded, or the court believes that such an application is to be made, and

there is reasonable cause to believe that the defendant has benefited from his criminal conduct.

an application by the prosecutor ... has been made under section 21 and not concluded, or the court believes that such an application is to be made, and

there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the defendant’s benefit exceeds the relevant amount (as defined in that section).

an application by the prosecutor ... has been made under section 22 and not concluded, or the court believes that such an application is to be made, and

there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the available amount exceeds the relevant amount (as defined in that section).

there has been undue delay in continuing the proceedings, or

the prosecutor does not intend to proceed.

there has been undue delay in continuing the application, or

the prosecutor ... does not intend to proceed.

references in this Part to the defendant are to the alleged offender;

references in this Part to the prosecutor are to the person the court believes is to have conduct of any proceedings for the offence;

section 77(9) has effect as if proceedings for the offence had been started against the defendant when the investigation was started.

to all realisable property held by the specified person whether or not the property is described in the order;

to realisable property transferred to the specified person after the order is made.

make provision for reasonable living expenses and reasonable legal expenses;

make provision for the purpose of enabling any person to carry on any trade, business, profession or occupation;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

relate to an offence which falls within subsection (5), and

are incurred by the defendant or by a recipient of a tainted gift.

by regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and

in connection with services provided in relation to an offence which falls within subsection (5),

the offence mentioned in section 40(2) or (3), if the first or second condition (as the case may be) is satisfied;

the offence (or any of the offences) concerned, if the third, fourth or fifth condition is satisfied.

a court makes a restraint order, and

the applicant for the order applies to the court to proceed under subsection (7) (whether as part of the application for the restraint order or at any time afterwards).

the period for which the restraint order is to have effect;

the specified person’s applicable standard of living (see subsection (11));

the specified person’s means;

the value of relevant realisable property held by the specified person in relation to the amount that the defendant is, or is likely to be, required to pay under a confiscation order;

the extent to which expenditure by the specified person is necessary or desirable for the purpose of improving or maintaining the value of relevant realisable property held by them.

section 9 of the Drug Trafficking Offences Act 1986 (c. 32);

section 78 of the Criminal Justice Act 1988 (c. 33);

Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));

section 27 of the Drug Trafficking Act 1994 (c. 37);

Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).

must be made subject to prescribed restrictions (if any) on—

must be made subject to other prescribed conditions (if any), and

may be made subject to other conditions.

must include in the order a requirement for the applicant for the order to report to the court on the progress of the investigation at such times and in such manner as the order may specify (a “reporting requirement”), and

must discharge the order if proceedings for the offence are not started within a reasonable time (and this duty applies whether or not an application to discharge the order is made under section 42(3)).

must give reasons for its decision, and

may at any time vary the order so as to include a reporting requirement (and this power applies whether or not an application to vary the order is made under section 42(3)).

the length of time that has passed since the making of the restraint order;

the reasons given by the prosecutor for proceedings not having started within that time;

the length and complexity of the criminal investigation, both before and after the making of the restraint order;

the extent to which the matters subject to that investigation include matters arising abroad;

the length and complexity of the potential proceedings;

the nature of the restraint order (for example, the extent of the property to which it relates);

the impact of the restraint order on any person affected by the order.

may be made only on an application by an applicant falling within subsection (2);

may be made on an ex parte application to a judge in chambers.

the prosecutor;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

an accredited financial investigator.

the person who applied for the order;

any person affected by the order.

may discharge the order;

may vary the order.

the court must discharge the order if within a reasonable time proceedings for the offence are not started;

otherwise, the court must discharge the order on the conclusion of the proceedings.

the proceedings are concluded by reason of a defendant's conviction for an offence being quashed,

the order is in force at the time when the conviction is quashed, and

the Court of Appeal has ordered the defendant to be retried for the offence or the prosecutor has applied for such an order to be made.

if the Court of Appeal declines to make an order for the defendant to be retried,

if the Court of Appeal orders the defendant to be retried but proceedings for the retrial are not started within a reasonable time, or

otherwise, on the conclusion of proceedings for the retrial of the defendant.

the length of time that has passed since the making of the restraint order;

the reasons given by the prosecutor for proceedings not having started within that time;

the length and complexity of the criminal investigation, both before and after the making of the restraint order;

the extent to which the matters subject to that investigation include matters arising abroad;

the length and complexity of the potential proceedings;

the nature of the restraint order (for example, the extent of the property to which it relates);

the impact of the restraint order on any person affected by the order.

the court must discharge the order if within a reasonable time the application is not made;

otherwise, the court must discharge the order on the conclusion of the application.

is limited to legal expenses that the specified person has reasonably incurred or that the person reasonably incurs,

specifies the total amount that may be released for legal expenses in pursuance of the exception, and

is made subject to the required conditions (in addition to any conditions imposed under section 41(3)(c)).

restrict who may receive sums released in pursuance of the exception (by, for example, requiring released sums to be paid to professional legal advisers), or

be made for the purpose of controlling the amount of any sum released in pursuance of the exception in respect of an item of expenditure.

the court has assessed the amount allowed by the regulations in respect of that item, and

the sum is released for payment of the assessed amount.

limiting the amount of remuneration allowable to representatives for a unit of time worked;

limiting the total amount of remuneration allowable to representatives for work done in connection with proceedings or a step in proceedings;

limiting the amount allowable in respect of an item of expenditure incurred by a representative or incurred, otherwise than in respect of the remuneration of a representative, by a party to proceedings.

the person who applied for the order;

any person affected by the order.

confirm the decision, or

make such order as it believes is appropriate.

is seized by an appropriate officer under a relevant seizure power, or

is produced to an appropriate officer in compliance with a production order under section 345.

relate to specified property, to property of a specified description or to all property to which the restraint order applies;

relate to property that has already been seized or produced or to property that may be seized or produced in future.

an accredited financial investigator;

a constable;

an officer of Revenue and Customs;

an immigration officer;

a National Crime Agency officer,

a member of staff of the relevant director (within the meaning of section 352(5A)).

section 47C,

section 352, or

Part 2 or 3 of the Police and Criminal Evidence Act 1984 (including as applied by order under section 114(2) of that Act).

confirm the decision of the Court of Appeal, or

make such order as it believes is appropriate.

the fact of the defendant’s conviction, and

whether any of the following has been, or is likely to be, made against the defendant—

the Crown Court makes a restraint order at a time when the defendant has not been convicted of an offence, and

the defendant is subsequently convicted of an offence at a time when the order remains in force.

for a restraint order;

for the discharge or variation of a restraint order;

on an appeal under section 67J.

apply in relation to restraint orders as they apply in relation to orders which affect land and are made by the court for the purpose of enforcing judgments or recognisances;

apply in relation to applications for restraint orders as they apply in relation to other pending land actions.

the Land Registration Act 1925 (c. 21);

the Land Charges Act 1972 (c. 61);

the Land Registration Act 2002 (c. 9).

the application relates, or

a restraint order made in pursuance of the application relates.

a restraint order includes provision under section 41A authorising the detention of property, and

the restraint order is discharged under section 42(5) or 67J(3)(b).

a restraint order includes provision under section 41A authorising the detention of property, and

the restraint order is varied under section 42(5) or 67J(3)(b) so as to omit any such provision.

the decision to discharge or vary the restraint order, or

any decision made on an appeal against that decision.

the Crown Court makes a restraint order, and

the applicant for the restraint order applies to the court to proceed under subsection (2) (whether as part of the application for the restraint order or at any time afterwards).

a magistrates’ court has made a further detention order, and

an application is made to the Crown Court to proceed under subsection (2) by—

power to take possession of the property;

power to manage or otherwise deal with the property;

power to start, carry on or defend any legal proceedings in respect of the property;

power to realise so much of the property as is necessary to meet the receiver’s remuneration and expenses.

search for or inspect anything authorised by the court;

make or obtain a copy, photograph or other record of anything so authorised;

remove anything which the receiver is required or authorised to take possession of in pursuance of an order of the court.

hold property;

enter into contracts;

sue and be sued;

employ agents;

execute powers of attorney, deeds or other instruments;

take any other steps the court thinks appropriate.

may order a person holding an interest in realisable property to which the relevant order applies to make to the receiver such payment as the court specifies in respect of a beneficial interest held by the defendant or the recipient of a tainted gift;

may (on the payment being made) by order transfer, grant or extinguish any interest in the property.