QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.182Procedure on application
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### sec.182 Procedure on application
In deciding an application for a pecuniary penalty order, the court must have regard to the evidence given in any proceeding against the person for the relevant confiscation offence.
If—
the application is made to the court before which the person is convicted; and
when the application is made, the court has not passed sentence on the person for the confiscation offence;
the court may defer passing sentence until it has decided the application.
If a person is treated as if convicted under section 106 because the offence is taken into account in sentencing the person for another offence, the reference in subsection (1) to a proceeding against the person for the offence includes a reference to the proceeding for the other offence.
(sec.182-ssec.1) In deciding an application for a pecuniary penalty order, the court must have regard to the evidence given in any proceeding against the person for the relevant confiscation offence.
(sec.182-ssec.2) If— the application is made to the court before which the person is convicted; and when the application is made, the court has not passed sentence on the person for the confiscation offence; the court may defer passing sentence until it has decided the application.
(sec.182-ssec.3) If a person is treated as if convicted under section 106 because the offence is taken into account in sentencing the person for another offence, the reference in subsection (1) to a proceeding against the person for the offence includes a reference to the proceeding for the other offence.
- (a) the application is made to the court before which the person is convicted; and
- (b) when the application is made, the court has not passed sentence on the person for the confiscation offence;