Commentary on Sections Interpretation Sections 85-87: Proceedings; Applications; Confiscation orders
147.Sections 85-87 define when proceedings are started, when proceedings and applications are concluded, and when confiscation orders are satisfied and are subject to appeal. The definitions are particularly important in that they determine the earliest and latest points at which a restraint order may be made. The provisions in section 85 have been extensively reworked when compared with those in existing legislation to take account of the new right of appeal (in sections 31-33) for the prosecutor and the Director. The purpose of the new provision is to ensure that proceedings are not concluded where the prosecutor or Director appeals against the Crown Court’s decision, and thus to ensure that a restraint order may be made where such an appeal is lodged, and that any restraint order already made in the case does not have to be discharged.