- confiscation upon conviction and prior
- to sentence but can be postponed
- on application by the defendant
- on application by the prosecutor
- or if the court believes it is appropriate
If either the prosecutor or defence require time to present their case in relation to confiscation proceedings, the court may set out a timetable specifying the dates when prosecutor’s statements and defence responses are to be served + setting date for the confiscation hearing.
may not be postponed for more than two years from the date of conviction unless there are exceptional circumstances
- defendant appeals against conviction, the postponement must not exceed three months from the date the appeal is finalised (if outside the two-year
- period) unless exceptional circumstances
If proceedings are postponed, the court may sentence the defendant but must not impose any fine or other financial order on them.
- A confiscation order cannot be quashed just because there has been some defect in
- the postponement procedure