s.22Effect of order on court ’ s other powers
22
Section 22Part 2 — The Financial Reporting Authority

Effect of order on court ’ s other powers

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Where the court or summary court makes a confiscation order against a defendant in any proceedings, it shall be the duty of the court, in respect of any offence of which that person is convicted in those proceedings, to take account of the order before —
imposing any fine on that person ;
making any order involving any payment by that person , other than an order under section 33 of the Penal Code (2024 Revision) (compensation orders);
making any order under section 30 of the Misus e of Drugs Act (2017 Revision) ; or
making an order under section 28 of the Terrorism Act (2018 Revision) (forfeiture orders), but, subject to that, shall leave the order out of account in determining the appropriate sentence or other manner of dealing with that person .
Where —
the court or summary court makes both a confiscation order and an order under section 33 of the Penal Code (2024 Revision) against the same person in the same proceedings; and
the court believes that person will not have sufficient means to satisfy both the orders in full, the court shall direct that so much of the compensation as it specifies is to be paid out of any sums recovered under the confiscation order; and the amount it specifies shall be the amount it believes will not be recoverable because of the insufficiency of the person ’ s means. Procedural matters

Cross References