Search Legislation

Proceeds of Crime Act 2002

Status:

Point in time view as at 01/06/2015.

Changes to legislation:

Proceeds of Crime Act 2002, Cross Heading: Reconsideration is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

ReconsiderationE+W

19 No order made: reconsideration of caseE+W

(1)This section applies if—

(a)the first condition in section 6 is satisfied but no court has proceeded under that section,

(b)there is evidence which was not available to the prosecutor on the relevant date,

(c)before the end of the period of six years starting with the date of conviction the prosecutor F1... applies to the Crown Court to consider the evidence, and

(d)after considering the evidence the court believes it is appropriate for it to proceed under section 6.

(2)If this section applies the court must proceed under section 6, and when it does so subsections (3) to (8) below apply.

(3)If the court has already sentenced the defendant for the offence (or any of the offences) concerned, section 6 has effect as if his particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding his sentence for the offence or offences concerned.

(4)Section 8(2) does not apply, and the rules applying instead are that the court must—

(a)take account of conduct occurring before the relevant date;

(b)take account of property obtained before that date;

(c)take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.

(5)In section 10—

(a)the first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date;

(b)the third assumption does not apply with regard to expenditure incurred by him on or after that date;

(c)the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date.

(6)The recoverable amount for the purposes of section 6 is such amount as—

(a)the court believes is just, but

(b)does not exceed the amount found under section 7.

(7)In arriving at the just amount the court must have regard in particular to—

(a)the amount found under section 7;

(b)any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;

(c)any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by the court in deciding what is the free property held by him for the purposes of section 9;

(d)any order which has been made against him in respect of the offence (or any of the offences) concerned under section 130 of the Sentencing Act (compensation orders) [F2;

[F3(da)any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge);]

(e)any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders)].

(8)If an order for the payment of compensation under section 130 of the Sentencing Act [F4, a surcharge under section 161A of the Criminal Justice Act 2003] [F5or an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013] has been made against the defendant in respect of the offence or offences concerned, section 13(5) and (6) above do not apply.

(9)The relevant date is—

(a)if the court made a decision not to proceed under section 6, the date of the decision;

(b)if the court did not make such a decision, the date of conviction.

(10)The date of conviction is—

(a)the date on which the defendant was convicted of the offence concerned, or

(b)if there are two or more offences and the convictions were on different dates, the date of the latest.

Textual Amendments

F5Words in s. 19(8) inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 17(3); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

Modifications etc. (not altering text)

C1Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)

C2Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)

Commencement Information

I1S. 19 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

20 No order made: reconsideration of benefitE+W

(1)This section applies if the following two conditions are satisfied.

(2)The first condition is that in proceeding under section 6 the court has decided that—

(a)the defendant has a criminal lifestyle but has not benefited from his general criminal conduct, or

(b)the defendant does not have a criminal lifestyle and has not benefited from his particular criminal conduct.

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F7... the second condition is that—

(a)there is evidence which was not available to the prosecutor when the court decided that the defendant had not benefited from his general or particular criminal conduct,

(b)before the end of the period of six years starting with the date of conviction the prosecutor F8... applies to the Crown Court to consider the evidence, and

(c)after considering the evidence the court concludes that it would have decided that the defendant had benefited from his general or particular criminal conduct (as the case may be) if the evidence had been available to it.

(5)If this section applies the court—

(a)must make a fresh decision under section 6(4)(b) or (c) whether the defendant has benefited from his general or particular criminal conduct (as the case may be);

(b)may make a confiscation order under that section.

(6)Subsections (7) to (12) below apply if the court proceeds under section 6 in pursuance of this section.

(7)If the court has already sentenced the defendant for the offence (or any of the offences) concerned, section 6 has effect as if his particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding his sentence for the offence or offences concerned.

(8)Section 8(2) does not apply, and the rules applying instead are that the court must—

(a)take account of conduct occurring before the date of the original decision that the defendant had not benefited from his general or particular criminal conduct;

(b)take account of property obtained before that date;

(c)take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.

(9)In section 10—

(a)the first and second assumptions do not apply with regard to property first held by the defendant on or after the date of the original decision that the defendant had not benefited from his general or particular criminal conduct;

(b)the third assumption does not apply with regard to expenditure incurred by him on or after that date;

(c)the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date.

(10)The recoverable amount for the purposes of section 6 is such amount as—

(a)the court believes is just, but

(b)does not exceed the amount found under section 7.

(11)In arriving at the just amount the court must have regard in particular to—

(a)the amount found under section 7;

(b)any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;

(c)any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by the court in deciding what is the free property held by him for the purposes of section 9;

(d)any order which has been made against him in respect of the offence (or any of the offences) concerned under section 130 of the Sentencing Act (compensation orders) [F9;

[F10(da)any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge);]

(e)any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders)].

(12)If an order for the payment of compensation under section 130 of the Sentencing Act [F11, a surcharge under section 161A of the Criminal Justice Act 2003] [F12or an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013] has been made against the defendant in respect of the offence or offences concerned, section 13(5) and (6) above do not apply.

(13)The date of conviction is the date found by applying section 19(10).

Textual Amendments

F12Words in s. 20(12) inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 18(3); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

Commencement Information

I2S. 20 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

21 Order made: reconsideration of benefitE+W

(1)This section applies if—

(a)a court has made a confiscation order,

(b)there is evidence which was not available to the prosecutor F13... at the relevant time,

(c)the prosecutor F14... believes that if the court were to find the amount of the defendant’s benefit in pursuance of this section it would exceed the relevant amount,

(d)before the end of the period of six years starting with the date of conviction the prosecutor F15... applies to the Crown Court to consider the evidence, and

(e)after considering the evidence the court believes it is appropriate for it to proceed under this section.

(2)The court must make a new calculation of the defendant’s benefit from the conduct concerned, and when it does so subsections (3) to (6) below apply.

(3)If a court has already sentenced the defendant for the offence (or any of the offences) concerned section 6 has effect as if his particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding his sentence for the offence or offences concerned.

(4)Section 8(2) does not apply, and the rules applying instead are that the court must—

(a)take account of conduct occurring up to the time it decided the defendant’s benefit for the purposes of the confiscation order;

(b)take account of property obtained up to that time;

(c)take account of property obtained after that time if it was obtained as a result of or in connection with conduct occurring before that time.

(5)In applying section 8(5) the confiscation order must be ignored.

(6)In section 10—

(a)the first and second assumptions do not apply with regard to property first held by the defendant after the time the court decided his benefit for the purposes of the confiscation order;

(b)the third assumption does not apply with regard to expenditure incurred by him after that time;

(c)the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him after that time.

(7)If the amount found under the new calculation of the defendant’s benefit exceeds the relevant amount the court—

(a)must make a new calculation of the recoverable amount for the purposes of section 6, and

(b)if it exceeds the amount required to be paid under the confiscation order, may vary the order by substituting for the amount required to be paid such amount as it believes is just.

(8)In applying subsection (7)(a) the court must—

(a)take the new calculation of the defendant’s benefit;

(b)apply section 9 as if references to the time the confiscation order is made were to the time of the new calculation of the recoverable amount and as if references to the date of the confiscation order were to the date of that new calculation.

(9)In applying subsection (7)(b) the court must have regard in particular to—

(a)any fine imposed on the defendant for the offence (or any of the offences) concerned;

(b)any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by the court in deciding what is the free property held by him for the purposes of section 9;

(c)any order which has been made against him in respect of the offence (or any of the offences) concerned under section 130 of the Sentencing Act (compensation orders) [F16;

[F17(ca)any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge);]

(d)any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders)].

(10)But in applying subsection (7)(b) the court must not have regard to an order falling within subsection (9)(c) [F18, (ca) ] [F19or (d)] if a court has made a direction under section 13(6).

(11)In deciding under this section whether one amount exceeds another the court must take account of any change in the value of money.

(12)The relevant time is—

(a)when the court calculated the defendant’s benefit for the purposes of the confiscation order, if this section has not applied previously;

(b)when the court last calculated the defendant’s benefit in pursuance of this section, if this section has applied previously.

(13)The relevant amount is—

(a)the amount found as the defendant’s benefit for the purposes of the confiscation order, if this section has not applied previously;

(b)the amount last found as the defendant’s benefit in pursuance of this section, if this section has applied previously.

(14)The date of conviction is the date found by applying section 19(10).

Textual Amendments

F19Words in s. 21(10) inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 19(3); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

Commencement Information

I3S. 21 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

22 Order made: reconsideration of available amountE+W

(1)This section applies if—

(a)a court has made a confiscation order,

(b)the amount required to be paid was the amount found under section 7(2), and

(c)an applicant falling within subsection (2) applies to the Crown Court to make a new calculation of the available amount.

(2)These applicants fall within this subsection—

(a)the prosecutor;

F20(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a receiver appointed under section 50 F21....

(3)In a case where this section applies the court must make the new calculation, and in doing so it must apply section 9 as if references to the time the confiscation order is made were to the time of the new calculation and as if references to the date of the confiscation order were to the date of the new calculation.

(4)If the amount found under the new calculation exceeds the relevant amount the court may vary the order by substituting for the amount required to be paid such amount as—

(a)it believes is just, but

(b)does not exceed the amount found as the defendant’s benefit from the conduct concerned.

(5)In deciding what is just the court must have regard in particular to—

(a)any fine imposed on the defendant for the offence (or any of the offences) concerned;

(b)any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by the court in deciding what is the free property held by him for the purposes of section 9;

(c)any order which has been made against him in respect of the offence (or any of the offences) concerned under section 130 of the Sentencing Act (compensation orders).

[F22(d)any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge).]

(6)But in deciding what is just the court must not have regard to an order falling within subsection (5)(c) [F23 or (d).] if a court has made a direction under section 13(6).

(7)In deciding under this section whether one amount exceeds another the court must take account of any change in the value of money.

(8)The relevant amount is—

(a)the amount found as the available amount for the purposes of the confiscation order, if this section has not applied previously;

(b)the amount last found as the available amount in pursuance of this section, if this section has applied previously.

(9)The amount found as the defendant’s benefit from the conduct concerned is—

(a)the amount so found when the confiscation order was made, or

(b)if one or more new calculations of the defendant’s benefit have been made under section 21 the amount found on the occasion of the last such calculation.

Textual Amendments

Commencement Information

I4S. 22 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

23 Inadequacy of available amount: variation of orderE+W

(1)This section applies if—

(a)a court has made a confiscation order, and

(b)the defendant [F24 or the prosecutor] , or a receiver appointed under section 50 F25..., applies to the Crown Court to vary the order under this section.

(2)In such a case the court must calculate the available amount, and in doing so it must apply section 9 as if references to the time the confiscation order is made were to the time of the calculation and as if references to the date of the confiscation order were to the date of the calculation.

(3)If the court finds that the available amount (as so calculated) is inadequate for the payment of any amount remaining to be paid under the confiscation order it may vary the order by substituting for the amount required to be paid such smaller amount as the court believes is just.

(4)If a person has been adjudged bankrupt or his estate has been sequestrated, or if an order for the winding up of a company has been made, the court must take into account the extent to which realisable property held by that person or that company may be distributed among creditors.

(5)The court may disregard any inadequacy which it believes is attributable (wholly or partly) to anything done by the defendant for the purpose of preserving property held by the recipient of a tainted gift from any risk of realisation under this Part.

(6)In subsection (4) “company” means any company which may be wound up under the Insolvency Act 1986 (c. 45) or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)).

Textual Amendments

F24Words in s. 23(1)(b) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 8(1), 88(1); S.I. 2015/820, reg. 3(e)

Commencement Information

I5S. 23 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

24 Inadequacy of available amount: discharge of orderE+W

(1)This section applies if—

(a)a court has made a confiscation order,

(b)[F26the designated officer for a magistrates' court] applies to the Crown Court for the discharge of the order, and

(c)the amount remaining to be paid under the order is less than £1,000.

(2)In such a case the court must calculate the available amount, and in doing so it must apply section 9 as if references to the time the confiscation order is made were to the time of the calculation and as if references to the date of the confiscation order were to the date of the calculation.

(3)If the court—

(a)finds that the available amount (as so calculated) is inadequate to meet the amount remaining to be paid, and

(b)is satisfied that the inadequacy is due wholly to a specified reason or a combination of specified reasons,

it may discharge the confiscation order.

(4)The specified reasons are—

(a)in a case where any of the realisable property consists of money in a currency other than sterling, that fluctuations in currency exchange rates have occurred;

(b)any reason specified by the Secretary of State by order.

(5)The Secretary of State may by order vary the amount for the time being specified in subsection (1)(c).

Textual Amendments

F26Words in s. 24(1)(b) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 406(a); S.I. 2005/910, art. 3(y)

Commencement Information

I6S. 24 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

25 Small amount outstanding: discharge of orderE+W

(1)This section applies if—

(a)a court has made a confiscation order,

(b)[F27the designated officer for a magistrates' court] applies to the Crown Court for the discharge of the order, and

(c)the amount remaining to be paid under the order is £50 or less.

(2)In such a case the court may discharge the order.

(3)The Secretary of State may by order vary the amount for the time being specified in subsection (1)(c).

Textual Amendments

F27Words in s. 25(1)(b) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 406(b); S.I. 2005/910, art. 3(y)

Commencement Information

I7S. 25 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

[F2825ARecovery from estate of deceased defendant impractical: discharge of orderE+W

(1)This section applies if—

(a)a court has made a confiscation order,

(b)the defendant dies while the order is not satisfied, and

(c)the designated officer for a magistrates' court applies to the Crown Court for the discharge of the order.

(2)The court may discharge the order if it appears to the court that—

(a)it is not possible to recover anything from the estate of the deceased for the purpose of satisfying the order to any extent, or

(b)it would not be reasonable to make any attempt, or further attempt, to recover anything from the estate of the deceased for that purpose.]

Textual Amendments

26 InformationE+W

(1)This section applies if—

(a)the court proceeds under section 6 in pursuance of section 19 or 20, or

(b)the prosecutor F29... applies under section 21.

(2)In such a case—

(a)the prosecutor F30... must give the court a statement of information within the period the court orders;

(b)section 16 applies accordingly (with appropriate modifications where the prosecutor F31... applies under section 21);

(c)section 17 applies accordingly;

(d)section 18 applies as it applies in the circumstances mentioned in section 18(1).

Textual Amendments

Commencement Information

I8S. 26 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources