Subdiv 5Effect of acquittals and quashing of convictions

Subdivision 5—Effect of acquittals and quashing of convictions 124—Acquittals do not affect confiscation orders under this Part The fact that a person has been acquitted of a serious offence with which the person has been charged does not affect the court's power to make a confiscation order under this Part in relation to the offence. 125—Discharge of confiscation order under this Part if made in relation to a conviction (1) A confiscation order under this Part made in relation to a person's conviction of a serious offence is discharged if— (a) the person's conviction of the offence is subsequently quashed (whether or not the order relates to the person's conviction of other offences that have not been quashed); and (b) the DPP does not, within 14 days after the conviction is quashed, apply to the court that made the order for the order to be confirmed. (2) However, unless a court decides otherwise on an application under subsection (1), the quashing of the conviction does not affect the order— (a) for 14 days after the conviction is quashed; or (b) if the DPP makes an application under subsection (1). 126—Confiscation order under this Part unaffected if not made in relation to a conviction A confiscation order under this Part made in relation to a serious offence, but not in relation to a person's conviction of the offence, is not affected if the person is convicted of the offence and the conviction is subsequently quashed. 127—Notice of application for confirmation of confiscation order under this Part The DPP must give written notice of an application for confirmation of a confiscation order under this Part to the person who is the subject of the order. 128—Procedure on application for confirmation of confiscation order under this Part (1) The person who is the subject of a confiscation order under this Part may appear and adduce evidence at the hearing of the application for confirmation of the order. (2) The court may, in determining the application, have regard to— (ii) if the person was taken to be convicted of the serious offence because of section 5(1)(c)—the other offence referred to in that paragraph, 129—Court may confirm confiscation order under this Part (1) A court may confirm a confiscation order under this Part if satisfied that, when the DPP applied for the order, the court could have made the order— (a) in the case of a pecuniary penalty order—on the ground that the person had committed the serious offence or some other serious offence; or (b) in the case of a literary proceeds order—on the ground that the person had committed the serious offence in relation to which the person's conviction was quashed or some other serious offence; or (c) in any case—without relying on the person's conviction of the serious offence. (2) A court that confirms a confiscation order under this Part may— (a) make such variations to the confiscation order as the court thinks fit; and (b) make such ancillary orders as the court thinks fit. 130—Effect of court's decision on confirmation of confiscation order under this Part (1) If a court confirms a confiscation order under this Part in accordance with section 129, the order is taken not to be affected by the quashing of the person's conviction of the serious offence. (2) If the court decides not to confirm the confiscation order, the order is discharged.