(e) subject to paragraph (ab), must not have S. 5(2A)(e) regard to the automatic forfeiture of property inserted by No. 108/1997 under Division 2 or 3 of Part 3 of that Act or s. 156(c), a pecuniary penalty made under that Act in amended by Nos 63/2003 relation to a Schedule 2 offence; s. 50(2), 87/2004 s. 24(a), 55/2014 s. 48(2), substituted by No. 27/2016 s. 46. (f) must not have regard to the automatic S. 5(2A)(f) inserted by forfeiture of property under Division 4 of No. 27/2016 Part 3 of that Act in relation to a serious drug s. 46. offence. (2B) Nothing in subsection (2A) prevents a court from S. 5(2B) inserted by having regard to a forfeiture order or civil No. 90/1991 forfeiture order made under, or automatic s. 34, amended by forfeiture occurring by operation of, the No. 108/1997 Confiscation Act 1997 as an indication of s. 156(d). remorse or co-operation with the authorities on the part of the offender. (2BA) In sentencing an offender, a court— S. 5(2BA) inserted by No. 1/2005 s. 48. (a) must not have regard to the fact that the S. 5(2BA)(a) amended by offender is subject to an extended No. 21/2008 supervision order or interim extended s. 25(1). supervision order under the Serious Sex but, if Offenders Monitoring Act 2005 relevant to the conditions of any sentence imposed by it, may have regard to the conditions of that order and the terms of any current directions or instructions given by the Adult Parole Board under section 16 of that Act;
S. 5(2A)(e) inserted by No. 108/1997 s. 156(c), amended by Nos 63/2003 s. 50(2), 87/2004 s. 24(a), 55/2014 s. 48(2), substituted by No. 27/2016 s. 46. (e) subject to paragraph (ab), must not have regard to the automatic forfeiture of property under Division 2 or 3 of Part 3 of that Act or a pecuniary penalty made under that Act in relation to a Schedule 2 offence; S. 5(2A)(f) inserted by No. 27/2016 s. 46. (f) must not have regard to the automatic forfeiture of property under Division 4 of Part 3 of that Act in relation to a serious drug offence. S. 5(2B) inserted by No. 90/1991 s. 34, amended by No. 108/1997 s. 156(d). (2B) Nothing in subsection (2A) prevents a court from having regard to a forfeiture order or civil forfeiture order made under, or automatic forfeiture occurring by operation of, the Confiscation Act 1997 as an indication of remorse or co-operation with the authorities on the part of the offender. S. 5(2BA) inserted by No. 1/2005 s. 48. (2BA) In sentencing an offender, a court— S. 5(2BA)(a) amended by No. 21/2008 s. 25(1). (a) must not have regard to the fact that the offender is subject to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005 but, if relevant to the conditions of any sentence imposed by it, may have regard to the conditions of that order and the terms of any current directions or instructions given by the Adult Parole Board under section 16 of that Act;
91-49a179A.docx