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CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 226

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 226

226—Appeals

        (1)         A person—

            (a)         against whom a confiscation order is made; or

            (b)         who has an interest in property against which a forfeiture order is made; or

            (c)         who has an interest in property that is declared in an order under section 123 to be available to satisfy a pecuniary penalty order or literary proceeds order,

may appeal against the confiscation order, forfeiture order or order under section 123

            (d)         in the case of an order made in relation to a conviction of a serious offence—as if the order was, or was part of, the sentence imposed on the person in respect of the offence; or

            (e)         in any other case—as if the person had been convicted of the serious offence to which the order relates and the order was, or was part of, the sentence imposed on the person in respect of the offence.

        (2)         The DPP—

            (a)         has the same right of appeal as a person referred to in subsection (1) has under this section; and

            (b)         may appeal against a refusal by a court to make an order as if such an order had been made and the DPP was appealing against that order.

        (3)         On an appeal under this section, the court may confirm, discharge or vary the order.

        (4)         Nothing in this section affects any other right of appeal.