s. 65 (4) The Supreme Court must give priority to an S. 64(4) application made under section 84 (restitution amended by Nos 54/2000 order) or Division 2 of Part 4 (compensation s. 25(2), order) of the Sentencing Act 1991 in relation to 87/2004 s. 19(i). the same Schedule 2 offence and, accordingly, may defer the determination of an application under section 63(1) until the application under the Sentencing Act 1991 has been determined. (5) The setting aside of a conviction for a Schedule 2 S. 64(5) amended by offence does not affect the validity of a pecuniary Nos 43/1998 penalty order under this Division that was made s. 23, 87/2004 s. 19(i), before or after the conviction was set aside and 68/2009 was based on that offence. s. 97(Sch. item 23.51). (6) The making of a pecuniary penalty order under S. 64(6) amended by this Division against an accused in relation to an No. 68/2009 offence does not prevent the making of a civil s. 97(Sch. item 23.52). forfeiture order in relation to the same offence. 65 Consent orders (1) The Supreme Court may make a pecuniary penalty order under this Division by consent of the applicant and the respondent. (2) A law enforcement agency or an applicant for a S. 65(2) amended by pecuniary penalty order must not enter into an Nos 43/1998 agreement to settle any matter in respect of which s. 36(v), 42/2007 a pecuniary penalty order could be made under s. 18(Sch. this Division and which involves the payment of item 18). money or the transfer of any interest in property to the State or the Minister except— (a) by way of a consent order under subsection (1); or (b) as restitution of stolen property; or (c) as compensation for loss or destruction of, or damage to, property; or (d) with the approval of the Supreme Court.
S. 64(4) amended by Nos 54/2000 s. 25(2), 87/2004 s. 19(i). (4) The Supreme Court must give priority to an application made under section 84 (restitution order) or Division 2 of Part 4 (compensation order) of the Sentencing Act 1991 in relation to the same Schedule 2 offence and, accordingly, may defer the determination of an application under section 63(1) until the application under the Sentencing Act 1991 has been determined. S. 64(5) amended by Nos 43/1998 s. 23, 87/2004 s. 19(i), 68/2009 s. 97(Sch. item 23.51). (5) The setting aside of a conviction for a Schedule 2 offence does not affect the validity of a pecuniary penalty order under this Division that was made before or after the conviction was set aside and was based on that offence. S. 64(6) amended by No. 68/2009 s. 97(Sch. item 23.52). (6) The making of a pecuniary penalty order under this Division against an accused in relation to an offence does not prevent the making of a civil forfeiture order in relation to the same offence. 65 Consent orders s. 65 (1) The Supreme Court may make a pecuniary penalty order under this Division by consent of the applicant and the respondent. S. 65(2) amended by Nos 43/1998 s. 36(v), 42/2007 s. 18(Sch. item 18). (2) A law enforcement agency or an applicant for a pecuniary penalty order must not enter into an agreement to settle any matter in respect of which a pecuniary penalty order could be made under this Division and which involves the payment of money or the transfer of any interest in property to the State or the Minister except— (a) by way of a consent order under subsection (1); or (b) as restitution of stolen property; or (c) as compensation for loss or destruction of, or damage to, property; or (d) with the approval of the Supreme Court.
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