Section 180: Discharge of order

Proceeds of Crime Act 2002 · 2002 c. 29View on legislation.gov.uk

Part 4: Confiscation: Northern Ireland

Subsection (2) applies if—

the court makes a confiscation order under section 156 as applied by section 178,
the defendant is later tried for the offence or offences concerned and acquitted on all counts, and
he applies to the Crown Court to discharge the order.

In such a case the court must discharge the order.

Subsection (4) applies if—

the court makes a confiscation order under section 156 as applied by section 178,
the defendant ceases to be an absconder,
subsection (1)(b) does not apply, and
he applies to the Crown Court to discharge the order.

In such a case the court may discharge the order if it finds that—

there has been undue delay in continuing the proceedings mentioned in section 178(2), or
the prosecutor does not intend to proceed with the prosecution.

If the court discharges a confiscation order under this section it may make such a consequential or incidental order as it believes is appropriate.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.