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Confiscation of Criminal Assets Act 2003
18When a proceeding is finalised
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18 When a proceeding is finalised
(1) For this Act, a confiscation proceeding is finalised if—
(a) the proceeding lapses, or is withdrawn or struck out; or
(b) the appeal period for an appeal against the final judgment of the
court hearing the proceeding ends without an appeal having
been made against the judgment; or
(c) if an appeal against the final judgment is made within the appeal
period—the appeal is dismissed, withdrawn or struck out, or the
appeal is otherwise finalised (within the meaning of this
subsection).
(2) For this Act, a criminal proceeding is finalised if—
(a) the offender is cleared of the offence to which the proceeding
relates; or
(b) the offender is convicted of an offence to which the proceeding
relates, and the appeal period for an appeal against the
conviction or finding of guilty (however described) ends without
an appeal having been made against it; or
(c) if an appeal is made against the conviction or finding of guilty
(however described) within the appeal period—the appeal is
dismissed, withdrawn or struck out, or the appeal is otherwise
finalised (within the meaning of this subsection) without a retrial
having been ordered; or
(d) if a retrial has been ordered—the proceeding on the retrial is
finalised (within the meaning of this subsection).
appeal period means the period within which an appeal may be made
without an extension of time or leave to make the appeal out of time.