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Proceeds of Crime Act 2002

Section 25: Small amount outstanding: discharge of order

58.Section 25 also applies only where a justices’ chief executive is enforcing a confiscation order. It deals with the situation where a confiscation order has been satisfied almost in its entirety, but a sum of £50 or less is outstanding. Under these circumstances, the justices’ chief executive may apply to the Crown Court for the confiscation order to be written off. Like section 24, this section introduces an exception to the general principle that a confiscation order may not be written off, but this is made subject to judicial oversight, and applies only where a small amount is outstanding. In such circumstances, the recovery of the sum in question would not justify the expense required to recover it. The sum of £50 is variable by secondary legislation.

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