Page 650 - IOM Law Society Rules Book

272 Proceeds of Crime Act 2008 c.13

(6) In relation to land, it is a reference to any interest which
the person holds in the land.

(7) In relation to property other than land, it is a reference —

(a) to the property (if it belongs to that person); or

(b) to any other interest which that person holds in the
property.

(8) References to the satisfaction of the Attorney General’s
right to recover property obtained through unlawful conduct are
to be read in accordance with section 34.

(9) Proceedings against any person for an offence are
concluded when —

(a) the person is convicted or acquitted;

(b) the prosecution is discontinued; or

(c) the jury is discharged without a finding.

PART 2

CONFISCATION AND RESTRAINT

Confiscation orders

Making of 66. (1) The Court of General Gaol Delivery must proceed under
confiscation this section if the following two conditions are satisfied.
order
P2002/29/6
(2) The first condition is that a defendant falls within any
of the following paragraphs —

(a) the defendant is convicted of an offence or offences in
proceedings before the Court of General Gaol Delivery;

(b) the defendant is committed to the Court of General Gaol
Delivery for sentence in respect of an offence or
offences under section 17 of the Summary Jurisdiction
Act 1989 (committal for sentence);
[c.15]

(c) the defendant is committed to the Court of General Gaol
Delivery in respect of an offence or offences under
section 118 (committal with a view to a confiscation
order being considered).

(3) The second condition is that —