(1)Unless subsection (2) applies, the full amount ordered to be paid under a confiscation order must be paid on the day on which the order is made.
(2)If the court making the confiscation order is satisfied that the defendant is unable to pay the full amount on that day, it may make an order requiring whatever cannot be paid on that day to be paid—
(a)in a specified period, or
(b)in specified periods each of which relates to a specified amount.
(3)A specified period—
(a)must start with the day on which the confiscation order is made, and
(b)must not exceed three months.
(4)If—
(a)within any specified period the defendant applies to the Crown Court for that period to be extended, and
(b)the court is satisfied that, despite having made all reasonable efforts, the defendant is unable to pay the amount to which the specified period relates within that period,
the court may make an order extending the period (for all or any part or parts of the amount in question).
(5)An extended period—
(a)must start with the day on which the confiscation order is made, and
(b)must not exceed six months.
(6)An order under subsection (4)—
(a)may be made after the end of the specified period to which it relates, but
(b)must not be made after the end of the period of six months starting with the day on which the confiscation order is made.
(7)Periods specified or extended under this section must be such that, where the court believes that a defendant will by a particular day be able—
(a)to pay the amount remaining to be paid, or
(b)to pay an amount towards what remains to be paid,
that amount is required to be paid no later than that day.
(8)The court must not make an order under subsection (2) or (4) unless it gives the prosecutor an opportunity to make representations.F51]
30.Section 11 indicates how long the court may allow the defendant to pay the amount due under the confiscation order. At present, there is no limit on the time that may be allowed. Section 11 provides that the amount is to be paid immediately, unless the defendant can demonstrate to the court that he needs more time to pay. The prosecutor and Director will have the right to be heard at any application by the defendant for time to pay, or an extension of time to pay. If the court is satisfied that time to pay is required, it may allow up to six months to pay, and up to a further six months on a later occasion if there are exceptional reasons justifying the extension. In no case, however, will more than 12 months be granted from the day on which the confiscation order is made.