Section 39Part 2 — The Financial Reporting Authority
Discharge of order
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The court shall discharge an order where —
the court makes a confiscation order under section 15 as applied by section 37 ;
the defendant is later tried for the offence or offences concerned and acquitted on all counts; and
that defendant applies to the court to discharge the order.
Where —
the court makes a confiscation order under section 15 as applied by section 37 ;
the defendant ceases to be an absconder;
subsection (1)(b) does not apply; and
the defendant applies to the court to discharge the order, the court may discharge the order if it finds that —
there has been undue delay in continuing the proceedings mentioned in section 36 (1); or
the Director of Public Prosecutions does not intend to proceed with the prosecution.
Where the court discharges a confiscation ord er under this section it may make such consequential or incidental order as it believes is appropriate.