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Criminal Justice Act 1988
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Changes over time for: Section 83
Version Superseded: 25/08/2000
Alternative versions:
- 01/02/1991- Amendment
- 01/11/1995- Amendment
- 01/08/1996
Point in time - 25/08/2000- Amendment
- 24/03/2003- Amendment
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Criminal Justice Act 1988, Section 83 is up to date with all changes known to be in force on or before 04 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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83 Variation of confiscation orders.E+W
(1)If, on an application [F1made in respect of a confiscation order—
(a)by the defendant, or
(b)by a receiver appointed under section 77 or 80 above, or in pursuance of a charging order,
the] High Court is satisfied that the realisable property is inadequate for the payment of any amount remaining to be recovered under the order the court shall issue a certificate to that effect, giving the court’s reasons.
(2)For the purposes of subsection (1) above—
(a)in the case of realisable property held by a person who has been adjudged bankrupt or whose estate has been sequestrated the court shall take into account the extent to which any property held by him may be distributed among creditors; and
(b)the court may disregard any inadequacy in the realisable property which appears to the court to be attributable wholly or partly to anything done by the defendant for the purpose of preserving any property held by a person to whom the defendant had directly or indirectly made a gift caught by this Part of this Act from any risk of realisation under this Part of this Act.
(3)Where a certificate has been issued under subsection (1) above, the [F2person who applied for it] may apply—
(a)where the confiscation order was made by the Crown Court, to that court; and
(b)where the confiscation order was made by a magistrates’ court, to a magistrates’ court for the same area,
for the amount to be recovered under the order to be reduced.
(4)The Crown Court shall, on an application under subsection (3) above—
(a)substitute for the amount to be recovered under the order such lesser amount as the court thinks just in all the circumstances of the case; and
(b)substitute for the term of imprisonment or of detention fixed under subsection (2) of section 31 of the M1Powers of Criminal Courts Act 1973 in respect of the amount to be recovered under the order a shorter term determined in accordance with that section in respect of the lesser amount.
(5)A magistrates’ court shall, on an application under subsection (3) above, substitute for the amount to be recovered under the order such lesser amount as the court thinks just in all the circumstances of the case.
[F3(6)Rules of court may make provision—
(a)for the giving of notice of any application under this section; and
(b)for any person appearing to the court to be likely to be affected by any exercise of its powers under this section to be given an opportunity to make representations to the court.]
Textual Amendments
F1S. 83(1)(a)(b) and preceding words substituted (1.11.1995) by 1995 c. 11, s. 10(2); S.I. 1995/2650, art.2
F2Words in s. 83(3) substituted (1.11.1995) by 1995 c. 11, s. 10(3); S.I. 1995/2650, art.2
F3s. 83(6) inserted (1.11.1995) by 1995 c. 11, s. 10(4); S.I. 1995/2650, art.2
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