CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 260 Sentencing court not to have regard to property forfeiture or pecuniary penalty

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 260

260 Sentencing court not to have regard to property forfeiture or pecuniary penalty

In deciding the sentence to be imposed on a person (the
"defendant" ) for a confiscation offence, the court must not have regard to the question of whether or not—

(a) the defendant’s property is, or may become, the subject of a forfeiture order, serious drug offender confiscation order or automatic forfeiture; or

(b) the defendant has been or may be ordered to pay an amount under a pecuniary penalty order, an unexplained wealth order or a proceeds assessment order or to forfeit an amount to the State under a special forfeiture order.

Note—

This section applies for deciding the sentence to be imposed on a person for a qualifying offence because the offence is a confiscation offence.