(5A) For the purposes of subsection (5)(b), when S. 33(5A) having regard to any hardship caused to the inserted by No. 55/2014 person convicted of the offence in relation to s. 14(2). which the forfeiture order is sought, the court must not take into account the impact on that person of the sentence given for that offence. (6) A court must give priority to an application made S. 33(6) amended by under section 84 (restitution order) or Division 2 No. 54/2000 of Part 4 (compensation order) of the Sentencing s. 25(2). Act 1991 in relation to the same conviction and, accordingly, may defer the determination of an application under section 32(1) until the application under the has Sentencing Act 1991 been determined. (7) The making of a forfeiture order does not prevent the making of a pecuniary penalty order. 34 Consent orders (1) Subject to section 12, a court may make a forfeiture order by consent of the applicant and the respondent and of any person whom it has reason to believe has an interest in property in respect of which the order is made. S. 34(2) (2) A law enforcement agency or an applicant for a amended by forfeiture order must not enter into an agreement No. 43/1998 s. 36(c). to settle any matter in respect of which a forfeiture order could be made under this Division and which involves the payment of money or the transfer of property to 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
S. 33(5A) inserted by No. 55/2014 s. 14(2). (5A) For the purposes of subsection (5)(b), when having regard to any hardship caused to the person convicted of the offence in relation to which the forfeiture order is sought, the court must not take into account the impact on that person of the sentence given for that offence. S. 33(6) amended by No. 54/2000 s. 25(2). (6) A 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 conviction and, accordingly, may defer the determination of an application under section 32(1) until the application under the Sentencing Act 1991 has been determined. (7) The making of a forfeiture order does not prevent the making of a pecuniary penalty order. 34 Consent orders (1) Subject to section 12, a court may make a forfeiture order by consent of the applicant and the respondent and of any person whom it has reason to believe has an interest in property in respect of which the order is made. S. 34(2) amended by No. 43/1998 s. 36(c). (2) A law enforcement agency or an applicant for a forfeiture order must not enter into an agreement to settle any matter in respect of which a forfeiture order could be made under this Division and which involves the payment of money or the transfer of property to 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
97-108a082.docx