Page 713 - IOM Law Society Rules Book

c.13 Proceeds of Crime Act 2008 335

(c) in a case where the application is withdrawn, when the
person who made the application notifies the withdrawal
to the court to which the application was made.

135. (1) A confiscation order is satisfied when no amount is due Confiscation
under it. orders:
satisfaction
and appeal
(2) A confiscation order is subject to appeal until there is
no further possibility of an appeal on which the order could be P2002/29/87
varied or quashed; and for this purpose any power to grant leave
to appeal out of time must be ignored.

136. (1) A reference to the offence (or offences) concerned must Other
be construed in accordance with section 66(9). interpretative
provisions for
Part 2
(2) A criminal investigation is an investigation which police
officers or other persons have a duty to conduct with a view to it P2002/29/88
being ascertained whether a person should be charged with an offence.

(3) A defendant is a person against whom proceedings for
an offence have been started (whether or not the defendant has
been convicted).

(4) A reference to sentencing the defendant for an offence
includes a reference to dealing with the defendant otherwise in
respect of the offence.

(5) The following paragraphs apply to references to orders —

(a) a confiscation order is an order under section 66;

(b) a restraint order is an order under section 97.

(6) Sections 123 to 135 and this section apply for the
purposes of this Part.

General

137. (1) An appeal to the Staff of Government Division under Procedure
this Part lies only with the leave of that Court. on appeal to
the Staff of
Government
(2) Subject to rules of court made under section 12 of the Division
High Court Act 1991 (distribution of business between divisions) P2002/29/89
the criminal division of the Staff of Government Division is the
division — [c.12]

(a) to which an appeal to that Court under this Part is to
lie; and