Page 700 - IOM Law Society Rules Book

322 Proceeds of Crime Act 2008 c.13

to realising no more than the value for the time being
of the gift;

(c) in a case where a confiscation order has not been made
against the defendant, property must not be sold if the
court so orders under subsection (4).

(4) If on an application by the defendant, or by the recipient
of a tainted gift, the court decides that property cannot be replaced
it may order that it must not be sold.

(5) An order under subsection (4) may be revoked or varied.

Committal

Committal 118. (1) This section applies if —
by court of
summary
jurisdiction (a) a defendant is convicted of an offence by a court of
summary jurisdiction; and
P2002/29/70
(b) the prosecutor asks the court to commit the defendant
to the Court of General Gaol Delivery with a view to
a confiscation order being considered under section
66.

(2) In such a case the court of summary jurisdiction —

(a) must commit the defendant to the Court of General Gaol
Delivery in respect of the offence; and

(b) may commit the defendant to the Court of General Gaol
Delivery in respect of any other offence falling within
subsection (3).

(3) An offence falls within this subsection if —

(a) the defendant has been convicted of it by a court of
summary jurisdiction or any other court; and

(b) the court of summary jurisdiction has power to deal
with the defendant in respect of it.

(4) If a committal is made under this section in respect of
an offence or offences —

(a) section 66 applies accordingly; and

(b) the committal operates as a committal of the defendant
to be dealt with by the Court of General Gaol Delivery
in accordance with section 119.