CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1953 - SECT 10 Other provisions as to property of convicted persons.

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CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1953 - SECT 10

Other provisions as to property of convicted persons.

10.(1) A court before which a person is convicted of an offence punishable
with imprisonment [or detention in a young offenders centre] for a term
exceeding six months,..., may make an order (in this section referred to as a
"stay") prohibiting that person (in this section referred to as the "convicted
prisoner") or any other person acting on his behalf from disposing of or
dealing with all or any property of his, or held in trust for him or in his
possession, custody or control at the time of his arrest, otherwise than in
accordance with the judgment or order of a civil court of competent
jurisdiction; and a stay shall, subject to the provisions of this section,
have effect during such period as the court may think proper to enable all
claims to or against such property to be determined and effectively enforced
by civil process.

(2) A stay may be made on the application of the Crown or of any person who
appears to the court to have

(a)any claim to or against any property which is or appears to be the property
of or held in trust for the convicted prisoner or which is or appears to have
been in his possession, custody or control; or

(b)any good cause of action against the convicted prisoner.

(3) A stay may contain such directions and be subject to such conditions as
the court may consider advisable for the purpose of ensuring that the property
to which the stay relates is readily available to meet the claims of any
persons alleged to have suffered loss of property or other injury as a result
of an act of the convicted prisoner, or to be taken in execution by civil
process.

(4) A copy of any stay made under this section may be sent by registered post
addressed to any person or officer (including a person responsible for keeping
any register or other record of moneys, stocks, shares, securities or other
assets) appearing to be in any way concerned with any property referred to in
the stay and if any person or officer to whom such copy is so sent knowingly
and wilfully neglects or fails to comply with or acts in breach or
contravention of such stay or of any direction or condition contained therein
he shall be guilty of an offence and shall be liable

(a)on summary conviction, to imprisonment for a term not exceeding six months
or to a fine not exceeding one hundred pounds, or to both such imprisonment
and such fine; or

(b)on conviction on indictment, to imprisonment for a term not exceeding two
years or to a fine not exceeding five hundred pounds, or to both such
imprisonment and such fine.

(5) In this section

"property" includes any thing in action, and any estate or interest in or
right to or over real or personal property; and

"possession" includes receipt of income, or rents and profits or the right to
receive the same.

S.11 rep. by 1964 c.21 (NI) s.172 sch.7

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Northern Irish Legislation

CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1953 - SECT 10