Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:7_22
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 7 cl 22
Character Range: 138061–139231

22  Applying for pecuniary penalty orders

(1) The DPP must not apply for a pecuniary penalty order under Part 2‑4 of the Proceeds of Crime Act 2002 in respect of an offence if:
 (a) an application has been made under section 14 of the Proceeds of Crime Act 1987 for an order for the payment of a pecuniary penalty in respect of the offence; and
 (b) the application under section 14 of that Act is still pending.

(2) The DPP must not apply for a pecuniary penalty order under section 116 of the Proceeds of Crime Act 2002 covering property in respect of an offence if:
 (a) the application is made on the ground that a person has been convicted of the offence; and
 (b) an application under section 14 of the Proceeds of Crime Act 1987 for an order for the payment of a pecuniary penalty in respect of the offence has been refused.

(3) The fact that an application has been made under section 14 of the Proceeds of Crime Act 1987 for an order for the payment of a pecuniary penalty in respect of the offence does not in any other case prevent the DPP applying for a pecuniary penalty order under Part 2‑4 of the Proceeds of Crime Act 2002 in respect of the offence.