Section 15Part 2 — The Financial Reporting Authority
Conditions for making of order
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The court or summary court shall have power, in addition to dealing with an offender in any other way, to make an o rder under this section requiring the offender to pay such sum as the court thinks fit.
The court or summary court shall make an order under this section if —
a defendant is convicted of an offence or offences in proceedings before the court;
t he Director of Public Prosecutions asks the court to proceed under this section; or
the court believes it is appropriate for it to do so.
Where the conditions specified in subsection (2) are satisfied the court or summary court —
shall decide w hether the defendant has a criminal lifestyle;
where it decides that the defendant has a criminal lifestyle, shall decide whether that person has benefited from that person’s general criminal conduct; and
where it decides that the defendant does not have a criminal lifestyle, shall decide whether that person has benefited from that person’s particular criminal conduct.
Where the court or summary court decides under subsection (3) (b) or (c) that the defendant has benefited from the conduct refe rred to it shall decide the recoverable amount and make a confiscation order requiring that person to pay the amount.
When considering whether to make a confiscation order the court or summary court may take into account any information that has been p laced before it showing that a victim of an offence to which the proceedings relate has instituted, or intends to institute, civil proceedings against the defendant in respect of loss, injury or damage sustained in connection with the offence.
The cour t or summary court shall decide any questions arising under subsection (3) or (4) on a balance of probabilities.
Subject to section 37, subsection (2) (a) does not apply if the defendant absconds but nothing in this Act shall prejudice the operation of any provision in the Criminal Procedure Code (2021 Revision) allowing proceedings to take place in the absence of a defendant.
References in this Part to the offence or offences concerned are to the offence or offences mentioned in subsection (2) (a).
Without prejudice to any rights of a third party against the person from whom property is to be confiscated under this Act , no action or other proceeding shall lie against the Government of the Islands in respect of that property.