| Confiscation:
Proceeds of Crime Act 1995
On 1st january 1996 the criminal
justice act 1988 (confiscation orders) order 1995
extended the arrangements of the proceeds of crime
act 1995 to counterfeiting and copy right offences
tried in the magistrates court. Any prosecutor,
including a private prosecutor, has the power
to apply for a confiscation order following a
conviction in the magistrates court under section
107(1), (2), or (3) copyright, designs and patents
act 1988 or section 92 (1), (2) or (3) trade marks
act 1994, or any conviction in the crown court.
The court has a duty to initiate a confiscation
process when the prosecutor has given written
notice that it would be appropriate to make a
confiscation order or the court decides to proceed
at its own volition.
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