CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 256A Consent orders

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 256A

256A Consent orders

(1) Subject to subsection (2) , the court may make an order in a proceeding under chapter 2 , chapter 2A or chapter 3 with the consent of—

(a) the applicant in the proceeding; and

(b) the respondent in the proceeding; and

(c) everyone whom the court has reason to believe has an interest in the property that is the subject of the proceeding.

(2) The court may make an order under subsection (1) if—

(a) a person mentioned in subsection (1) (b) or (c) withholds consent but the court considers it appropriate to make the order; or

(b) the consent of a person mentioned in subsection (1) (b) or (c) could not be obtained but the court considers it appropriate to make the order.

(3) The order may be made without consideration of the matters the court would otherwise consider in the proceeding.

(4) This section does not apply to an order made on sentence for a criminal offence.