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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.