HC Deb 06 March 1991 vol 187 cc410-1

2.—(1) Where the Crown Court makes a confiscation order against a defendant, section 35(1), (2) and (4) of the Criminal Justice Act (Northern Ireland) 1945 (powers of Crown Court in relation to fines) shall have effect as if—

  1. (a) the amount which the order requires him to pay were a fine imposed on him by the Crown Court; and
  2. (b) in section 35(2) (imprisonment in default), for the reference to twelve months there were substituted a reference to the periods set out in the second column of the following Table applicable respectively to the amounts set out opposite thereto—
An amount not exceeding £50 Table 7 days
An amount exceeding £50 but not exceeding £100 14 days
An amount exceeding £100 but not exceeding £400 30 days
An amount exceeding £400 but not exceeding £1,000 60 days
An amount exceeding £1,000 but not exceeding £2,000 90 days
An amount exceeding £2,000 but not exceeding £5,000 6 months
An amount exceeding £5,000 but not exceeding £10,000 9 months
An amount exceeding £10,000 but not exceeding £20,000 12 months
An amount exceeding £20,000 but not exceeding £50,000 18 months
An amount exceeding £50,000 but not exceeding £100,000 2 years
An amount exceeding £100,000 but not exceeding £250,000 3 years
An amount exceeding £250,000 but not exceeding £1 million 5 years
An amount exceeding £1 million 10 years

(2) Where—

  1. (a) a warrant of commitment is issued for a default in payment of an amount ordered to be paid by a confiscation order in respect of an offence; and
  2. (b) at the time the warrant is issued, the defendant is liable to serve a term of custody in respect of the offence,
the term of imprisonment or of detention under section 5 of the Treatment of Offenders Act (Northern Ireland) 1968 (detention of persons aged sixteen to twenty-one for default) to be served in default of payment of the amount shall not begin to run until after the term mentioned in paragraph (b) above.

(3) The reference in sub-paragraph (2) above to the term of custody which the defendant is liable to serve in respect of the offence is a reference to the term of imprisonment or of detention under section 5 of the said Act of 1968 which he is liable to serve in respect of the offence; and for the purposes of this sub-paragraph—

  1. (a) consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term; and
  2. (b) there shall be disregarded—
    1. (i) any sentence of imprisonment or order for detention suspended under section 18 of that Act which has not taken effect at the time when the warrant is issued; and
    2. (ii) any term of imprisonment or detention fixed under section 35(1)(c) of the Criminal Justice Act (Northern Ireland) 1945 for which a warrant of commitment has not been issued at that time.

(4) An amount payable under a confiscation order is not a fine, costs, damages or compensation for the purposes of section 76 of the Children and Young Persons Act (Northern Ireland) 1968 (enforcement of fines imposed on young offenders).

(5) This paragraph applies in relation to confiscation orders made by the Court of Appeal, or by the House of Lords on appeal from the Court of Appeal, as it applies in relation to confiscation orders made by the Crown Court, and the reference in sub-paragraph (1)(a) above to the Crown Court shall be construed accordingly.