Page 681 - IOM Law Society Rules Book

c.13 Proceeds of Crime Act 2008 303

(b) in the case of a sentence of imprisonment passed with
an order under paragraph 36 of Schedule 1 to the
Criminal Law Act 1981 (sentences of imprisonment
partly served and partly suspended) any part of the
sentence which the defendant has not at that time been
required to serve in prison;

(c) any term of custody fixed under section 27 of the
Criminal Jurisdiction Act 1993 (custody for non- [c.9]
payment of fine etc.) for which a warrant committing
the defendant to custody has not been issued at that
time.

(5) If the defendant serves a term of custody in default of
paying any amount due under a confiscation order, the defendant’s
serving that term does not prevent the confiscation order from
continuing to have effect so far as any other method of enforcement
is concerned.

95. (1) Subsection (2) applies if — Reconsideration
etc: variation
(a) a court varies a confiscation order under section 81, of custody
82, 83, 89 or 92; P2002/29/39

(b) the effect of the variation is to vary the maximum period
applicable in relation to the order under Schedule 1 to
the Criminal Jurisdiction Act 1993; and [c.9]

(c) the result is that that maximum period is less than the
term of custody fixed in respect of the order under
section 27(1) of the Criminal Jurisdiction Act 1993.

(2) In such a case the court must fix a reduced term of
custody in respect of the confiscation order under section 27(1)
of the Criminal Jurisdiction Act 1993 in place of the term
previously fixed.

(3) Subsection (4) applies if paragraphs (a) and (b) of
subsection (1) apply but paragraph (c) does not.

(4) In such a case the court may amend the term of custody
fixed in respect of the confiscation order under section 27(1) of
the Criminal Jurisdiction Act 1993.

(5) If the effect of section 72 is to increase the maximum
period applicable in relation to a confiscation order under Schedule
1 to the Criminal Jurisdiction Act 1993, on the application of the
prosecutor the Court of General Gaol Delivery may amend the
term of custody fixed in respect of the order under section 27(1)
of that Act.