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Proceeds of Crime Act 2002

Section 37: Director’s application for enforcement

78.As noted above, confiscation order enforcement by magistrates’ courts will continue to be broadly regulated by the Magistrates’ Courts Act 1980. This contains detailed provision on imprisonment in default of payment. Because the 1980 Act will not apply to enforcement by the Director, it has been necessary, in section 37, to create specific procedures for a term of imprisonment in default to be enforced at the Director’s request.

79.Section 37 contains provision broadly based on that in the 1980 Act, except that the Director will apply to the Crown Court to trigger the default term. This is in accordance with the concept of the Crown Court being the main venue for confiscation and related proceedings.

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