xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

E+W+S+N.I.

Proceeds of Crime Act 1995

1995 CHAPTER 11

An Act to make further provision for and in relation to the recovery of the proceeds of criminal conduct; to make further provision for facilitating the enforcement of overseas forfeiture and restraint orders; and for connected purposes.

[28th June 1995]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Making of confiscation ordersE+W

F11 Duty to make confiscation orders.E+W

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Annotations:

Amendments (Textual)

F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

F12 Confiscation relating to a course of criminal conduct.E+W

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Annotations:

Amendments (Textual)

F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

Incidental provisions relating to confiscationE+W

F13 Provision of information by prosecutor.E+W

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Annotations:

Amendments (Textual)

F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

F14 Provision of information by defendant.E+W

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Annotations:

Amendments (Textual)

F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

F15 Review of cases where proceeds of crime not assessed.E+W

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Annotations:

Amendments (Textual)

F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

F16 Revision of assessment of proceeds of crime.E+W

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Annotations:

Amendments (Textual)

F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

F17 Revision of assessment of amount to be recovered.E+W

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Annotations:

Amendments (Textual)

F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

F18 Enforcement etc. of confiscation orders.E+W

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Annotations:

Amendments (Textual)

F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

F19 Payment of interest on sums unpaid.E+W

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Annotations:

Amendments (Textual)

F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

F110 Variation of confiscation order on receiver’s application.E+W

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Annotations:

Amendments (Textual)

F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

F111 Order to make material available.E+W

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Annotations:

Amendments (Textual)

F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

F112 Authority for search.E+W

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Annotations:

Amendments (Textual)

F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

F113 Disclosure of information held by government departments.E+W

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Annotations:

Amendments (Textual)

F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

Enforcement of overseas forfeiture and restraint ordersE+W+S+N.I.

14 Enforcement in UK of overseas forfeiture and restraint ordersE+W+S+N.I.

(1)In each of the following paragraphs of Schedule 4 to the M1Prevention of Terrorism (Temporary Provisions) Act 1989 (enforcement of overseas orders providing for the forfeiture or restraint of terrorist funds), namely—

(a)paragraph 10 (which relates to enforcement in England and Wales),

(b)paragraph 20 (which relates to enforcement in Scotland), and

(c)paragraph 30 (which relates to enforcement in Northern Ireland),

there shall be inserted, after sub-paragraph (2), the sub-paragraph set out in subsection (2) below.

(2)That sub-paragraph is—

(2A)Without prejudice to the generality of sub-paragraph (1) above, the provision that may be made by virtue of that sub-paragraph includes provision which, for the purpose of facilitating the enforcement of any external order that may be made, has effect at times before there is an external order to be enforced.

(3)Section 9 of the M2Criminal Justice (International Co-operation) Act 1990 (enforcement of overseas forfeiture orders) shall have effect, and be deemed always to have had effect, with the insertion, after subsection (1), of the following subsection—

(1A)Without prejudice to the generality of subsection (1) above the provision that may be made by virtue of that subsection includes provision which, for the purpose of facilitating the enforcement of any order that may be made, has effect at times before there is an order to be enforced.

Annotations:

Marginal Citations

SupplementalE+W+S+N.I.

15 Consequential and transitional amendments and repeals.E+W

F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The enactments mentioned in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Annotations:

Amendments (Textual)

F3S. 15(2)(3) repealed (24.2.2003 for specified purposes, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 27, Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

16 Short title, interpretation, commencement and extent.E+W+S+N.I.

(1)This Act may be cited as the Proceeds of Crime Act 1995.

F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Subject to subsections (4) to (6) below, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed under this subsection for different purposes.

(4)Section 14 above and this section come into force on the passing of this Act.

F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)This Act, except for section 14 above and this section, does not extend to Scotland or Northern Ireland.

Annotations:

Subordinate Legislation Made

P1S. 16(3) power fully exercised (7.10.1995): 1.11.1995 appointed day by S.I. 1995/2650, art. 2

Amendments (Textual)

SCHEDULES

Section 15.

F6SCHEDULE 1E+W Consequential Amendments of the 1988 Act

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Annotations:

Amendments (Textual)

Section 15.

SCHEDULE 2E+W Repeals

ChapterShort titleExtent of repeal
1988 c. 33.The Criminal Justice Act 1988.In section 71—
(a) subsection (7);
(b) in subsection (7A), paragraph (b) and, in paragraph (c), the words “by virtue of section 72 below”; and
(c) subsection (8).
In section 72, subsections (1) to (4).
In section 72A(1), paragraph (b) and, in paragraph (c), the words “by virtue of section 72 above”.
In section 73, subsection (4).