Criminal Justice (Miscellaneous Provisions) Act 2023

Amendment of section 53 of Act of 2008

51. Section 53 of the Act of 2008 is amended—

(a) in subsection (7)(b), by the substitution of “subsections (8) and (9)” for “subsection (8)”, and

(b) by the insertion of the following subsection after subsection (8):

“(9) Where property recovered by the execution of a confiscation co-operation order transmitted by or on behalf of a court in a designated state, other than a member state or the United Kingdom, is a sum of money or the proceeds of a sale under subsection (7)(b), the Court, on application by the Central Authority and in accordance with the relevant international instrument, may—

(a) order the money or the proceeds of sale to be transferred to the designated state, or

(b) order part of the money or the proceeds of sale to be transferred to the designated state and the remaining balance shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.”.