Page 701 - IOM Law Society Rules Book

c.13 Proceeds of Crime Act 2008 323

(5) If a committal is made under this section in respect of
an offence for which (apart from this section) the court of summary
jurisdiction could have committed the defendant for sentence under
section 18 of the Summary Jurisdiction Act 1989 (offences triable [c.15]
either way) the court must state whether it would have done so.

(6) A committal under this section may be in custody or
on bail.

119. (1) If a defendant is committed to the Court of General Sentencing
Gaol Delivery under section 118 in respect of an offence or by Court of
offences, this section applies (whether or not the court proceeds General Gaol
Delivery
under section 66).
P2002/29/71
(2) In the case of an offence in respect of which a court of
summary jurisdiction has stated under section 118(5) that it would
have committed the defendant for sentence, the Court of General
Gaol Delivery —

(a) must inquire into the circumstances of the case; and

(b) may deal with the defendant in any way in which it
could deal with the defendant if the defendant had just
been convicted of the offence on information before it.

(3) In the case of any other offence the Court of General
Gaol Delivery —

(a) must inquire into the circumstances of the case; and

(b) may deal with the defendant in any way in which the court
of summary jurisdiction could deal with the defendant if it
had just convicted the defendant of the offence.

Compensation

120. (1) If the following three conditions are satisfied the Court Serious default
of General Gaol Delivery may order the payment of such
compensation as it believes is just. P2002/29/72

(2) The first condition is satisfied if a criminal investigation
has been started with regard to an offence and proceedings are
not started for the offence.

(3) The first condition is also satisfied if proceedings for
an offence are started against a person and —

(a) they do not result in the conviction of that person for
the offence; or