Proceeds of Crime Act 2002
85Effect of court’s decision on confirmation of forfeiture order
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85 Effect of court’s decision on confirmation of forfeiture order
(1) If the court confirms the *forfeiture order under paragraph 84(1)(a), the order is taken not to be affected by the *quashing of the person’s conviction of the offence. (2) If the court confirms the *forfeiture order under paragraph 84(1)(b): (a) to the extent that the order covers property that is: (i) in any case—*proceeds of the offence; or (ii) if the offence is a *serious offence—an *instrument of the offence; the order is taken not to be affected by the *quashing of the person’s conviction of the offence; but (b) to the extent that the order covers property that is: (i) in any case—not proceeds of the offence; and (ii) if the offence is a serious offence—not an instrument of the offence; the order is discharged. (3) If the court decides not to confirm the *forfeiture order, the order is discharged.