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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 8 March 2005 - onwards

22. Amendment of Part II of Act of 1994 - new sections 8A to 8E.

Part II of the Act of 1994 is amended by inserting the following after section 8:

"8A. Confiscation orders relating to offence of financing terrorism.

(1) Where a person has been sentenced or otherwise dealt with by a court in respect of one or more offences of financing terrorism of which that person has been convicted, the Director of Public Prosecutions may make, or cause to be made, an application to the court to determine whether the convicted person holds funds subject to confiscation.

(2) For the purposes of this Act, funds subject to confiscation are -

(a) funds used or allocated for use in connection with an offence of financing terrorism, or

(b) funds that are the proceeds of such an offence.

(3) An application under subsection (1) of this section may be made at the conclusion of the proceedings at which the person is sentenced or otherwise dealt with or at a later stage in the proceedings.

(4) An application under subsection (1) of this section shall not be made unless it appears to the Director of Public Prosecutions that the person in question holds funds subject to confiscation.

(5) If the court determines that the person in question holds funds subject to confiscation, the court shall -

(a) determine in accordance with section 8C of this Act the amount to be recovered in that person's case by virtue of this section, and