Criminal Justice Act, 1999

Amendment of section 11 of Act of 1994.

28.—(1) Section 11 of the Act of 1994 is hereby amended by the substitution of the following subsection for subsection (1):

“(1) This section applies where—

(a) a court is engaged in a determination under section 4 of this Act as to whether a convicted person has benefited from drug trafficking or as to any amount to be recovered by virtue of that section, or

(b) an application has been made to a court under section 7, 8 or 9 of this Act.”.

(2) Section 11 of the Act of 1994 is hereby amended by the insertion of the following subsections:

“(7) A defendant who—

(a) fails, without reasonable excuse, to comply with an order under this section, or

(b) gives to the court, in purported compliance with this section, information which the defendant knows or has reason to believe is false or misleading,

shall be guilty of an offence.

(8) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding £1,500 or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.

(9) Information that is specified in an order under this section and is given to the court in compliance with that order shall not be admissible in evidence in any proceedings for an offence, other than an offence under this section.”.