Section 41Part 2 — The Financial Reporting Authority
Court ’ s powers on appeal
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On an appeal under section 40(1) —
the Grand Court or Court of Appeal may confirm, quash or vary the confiscation order; or
the Court of Appeal may confirm the decision, or if it believes the decision was wrong it may —
itself proceed under section 15 (ignoring subsection (1) to (3) thereof); or
direct the Grand Court or summary court to proceed afresh under section 15 .
In proceeding afresh in pursua nce of this section the Grand Court or summary court shall comply with any directions the Grand Court or Court of Appeal may make.
Where a court makes or varies a confiscation order under this section or in pursuance of a direction under this section i t shall —
have regard to any fine imposed on the defendant in respect of the offence (or any of the offences) concerned; and
have regard to any order which falls within section 22 (1) and has been made against the defendant in respect of the offence (or any of the offences) concerned, unless the order has already been taken into account by a court in deciding what is the free property held by the defendant for the purposes of section 18 .
Where the Court of Appeal proceeds under section 15 or the Grand Court or summary court proceeds afresh under that section in pursuance of a direction under this section subsections
to (8) apply. ( 5 ) Where a court or summary court has already sentenced the defendant for the offence or any of the offences concerned, section 16 ha s effect as if the defendant ’ s particular criminal conduct included conduct which constitutes the offence or offences concerned.
Where an order has been made against the defendant in respect of the offence or any of the offences under section 33 of the Penal Code (2024 Revision) the court or summary court shall have regard to such compensation order and section 22 (2) shall not apply.
Where this section applies, section 17 (2) shall not apply, and the court or summary court shall instead —
take account of conduct occurring before the relevant date;
take account of property obtained before that date; and
take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.
For the purposes of this section, none of the assumptions stated in section 19 apply in reconsideration cases.
Where this section applies section 35 also applies as it applies in the circumstances mentioned in that section.
For the purposes of this section the relevant date is the date on which the Grand Court or summary court decided not to make a confiscation order. Enforcement as fines, etc.