Legislation – Coroners and Justice Act 2009

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Part 7Criminal memoirs etc

Additional powers

166Effect of conviction being quashed etc

(1)

Where an exploitation proceeds order has been made in respect of exploitation proceeds obtained by the respondent from a relevant offence, the order ceases to have effect if—

(a)

the relevant offence is within paragraph (a) of section 159(1) and the respondent’s conviction for it is subsequently quashed, or

(b)

the relevant offence is within paragraph (b) or (c) of that section and the respondent’s conviction for the offence (or, if more than one, all of the offences) by virtue of which the relevant offence is within either of those paragraphs is (or are) subsequently quashed.

(2)

Where an exploitation proceeds order has been made in respect of exploitation proceeds obtained by the respondent from 2 or more relevant offences, the order ceases to have effect if paragraph (a) or (b) of subsection (1) applies in relation to each of those offences.

(3)

Where an exploitation proceeds order ceases to have effect under subsection (1) or (2), the court must, on the application of the respondent (or the respondent’s personal representative), order the Secretary of State to repay to the respondent (or the personal representative) the recovered amount.

(4)

Subsection (5) applies where an exploitation proceeds order has been made if—

(a)

where the order was made in respect of exploitation proceeds obtained by the respondent from 2 or more relevant offences, paragraph (a) or (b) of subsection (1) applies in relation to one or more, but not all, of those offences, or

(b)

where the order was made in respect of exploitation proceeds obtained by the respondent from a relevant offence within section 159(1)(c) (whether alone or together with other relevant offences), another person has been convicted of that offence and that conviction is subsequently quashed.

(5)

On the application of the respondent (or the respondent’s personal representative), the court may—

(a)

determine that the exploitation proceeds order is to cease to have effect, or

(b)

reduce the recoverable amount by such amount (if any) as it considers just and reasonable.

(6)

Where the exploitation proceeds order ceases to have effect under subsection (5)(a), the court must order the Secretary of State to repay to the respondent (or the respondent’s personal representative) the recovered amount.

(7)

Where the court reduces the recoverable amount under subsection (5)(b), if the recovered amount exceeds the reduced recoverable amount, the court must order the Secretary of State to repay to the respondent (or the respondent’s personal representative) that excess.

(8)

An order under subsection (3), (6) or (7) for the repayment of a sum must also order the Secretary of State to pay to the recipient interest on that sum, at a rate determined by the court, for the period which—

(a)

begins with the day on which the respondent made the payment in accordance with the exploitation proceeds order, and

(b)

ends with the day before the day on which that sum is repaid to the respondent or the respondent’s personal representative.

(9)

In the case of an exploitation proceeds order made on the application of the Scottish Ministers—

(a)

references in this section to the Secretary of State are to be read as references to the Scottish Ministers, and

(b)

the reference in subsection (8) to a rate determined by the court is to read as a reference to a rate set by rules of court.

F1(9A)

In the case of an exploitation proceeds order made in Northern Ireland on the application of an enforcement authority other than the F2National Crime Agency, references in this section to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.

(10)

In this section—

(a)

any reference to a conviction for an offence includes a reference to a finding, in relation to the offence, of the kind mentioned in section 156(2)(b) or (c) or (3)(a)(ii) or (iii) or section 157(2)(b) or (3), and

(b)

any reference to a conviction for an offence being quashed includes a reference to—

(i)

the reversal or setting aside of a conviction;

(ii)

the substitution of a verdict of acquittal in relation to a finding of the kind mentioned in section 156(2)(b) or (c);

(iii)

a finding of the kind mentioned in section 156(3)(a)(ii) or (iii) being quashed;

(iv)

a finding of the kind mentioned in section 157(2)(b) or (3) being quashed, set aside, reversed or replaced with a verdict of acquittal.

(11)

In this section—

“the court” means the court which made the exploitation proceeds order;

“personal representative” means—

(a)

in relation to England and Wales, a person who is a personal representative within the meaning of section 55(1) of the Administration of Estates Act 1925 (c. 23),

(b)

in relation to Scotland, an executor confirmed to the estate of the respondent,

(c)

in relation to Northern Ireland, a person who is one of the personal representatives within the meaning of the Administration of Estates Act (Northern Ireland) 1955 (c. 24), or

(d)

any person having, in relation to the respondent, under the law of another country any functions corresponding to the functions of a person falling within paragraph (a), (b) or (c);

“the recovered amount”, in relation to an exploitation proceeds order, means the amount (if any) paid by the respondent to an enforcement authority in accordance with the order, reduced by any amount already repaid under subsection (7) and disregarding any interest paid under section 155(6).