Criminal Justice Act, 1994

Power to discharge confiscation order and order compensation when absconder returns.

67.—(1) This section applies where—

(a) the High Court has made a confiscation order by virtue of section 13 (4) of this Act in relation to an absconder,

(b) the defendant has ceased to be an absconder, and

(c) section 66 of this Act does not apply.

(2) The High Court may, on the application of the defendant, cancel the confiscation order if it is satisfied that—

(a) there has been undue delay in continuing the proceedings in respect of which the power under section 13 (4) of this Act was exercised; or

(b) the Director of Public Prosecutions does not intend to proceed with the prosecution.

(3) Where the High Court cancels a confiscation order under this section it may, on the application of a person who held property which was realisable property, order compensation to be paid to the applicant if it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order.

(4) The amount of compensation to be paid under this section shall be such as the court considers just in all the circumstances of the case.

(5) Where the court cancels a confiscation order under this section it may make such consequential or incidental order as it considers appropriate in connection with the cancellation.