Page 4466 - Week 14 - Tuesday, 22 November 2005

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Clause 58 (5)

Page 56, line 23—

omit clause 58 (5), substitute

(5) This section is subject to section 133A (Operation of ancillary and restitution orders).

Proposed new clause 133A

Page 109, line 1—

insert

133A Operation of ancillary and restitution orders

(1) In this section:

finalised—proceedings in relation to an appeal are finalised if—

(a) the appeal is dismissed, withdrawn or struck out or ends without a retrial being ordered and the period for making any further appeal against that decision ends; or

(b) if a retrial is ordered—the proceedings on the retrial are finalised within the meaning of paragraph (a).

relevant order means—

(a) an ancillary order under—

(i) section 18 (Non-conviction orders—ancillary orders); or

(ii) section 58 (Ancillary orders relating to offences taken into account in sentencing); or

(2) A relevant order takes effect on the day after—

(a) the end of the period for appealing against the conviction or finding of guilt to which the relevant order relates; or

(b) if an appeal in relation to the conviction or finding of guilt is made within the period for making the appeal—the day proceedings in relation to the appeal are finalised.

(3) However, an appeal court may, on application or its own initiative, if satisfied it is in the interests of justice, order that a relevant order take effect on a stated day earlier than the day fixed under subsection (2).

(4) A court may, on application or its own initiative, by order, give such directions as it considers appropriate for—

(a) the custody of property to which a relevant order relates; or

(b) the giving of security, with or without sureties, for payment of an amount under a relevant order.

(5) A relevant order automatically lapses if the conviction or finding of guilt to which the order relates is reversed or set aside.

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