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Proceeds of Crime Act 2002

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Seized money [F1 and personal property] E+W

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Amendments (Textual)

F1Words in s. 67 cross-heading inserted (1.6.2015) by Policing and Crime Act 2009 (c. 26), ss. 58(3), 116(1); S.I. 2015/983, art. 2(2)(a)

67 Seized moneyE+W

(1)This section applies to money which—

(a)is held by a person, and

(b)is held in an account maintained by him with a bank or a building society.

(2)This section also applies to money which is held by a person and which—

(a)has been seized by a constable under section 19 of the Police and Criminal Evidence Act 1984 (c. 60) (general power of seizure etc), and

(b)is held in an account maintained by a police force with a bank or a building society.

(3)This section also applies to money which is held by a person and which—

(a)has been seized by a customs officer under section 19 of the 1984 Act as applied by order made under section 114(2) of that Act, and

(b)is held in an account maintained by the Commissioners of Customs and Excise with a bank or a building society.

[F2(5)If—

(a)a confiscation order is made against a person holding money to which this section applies, and

(b)a receiver has not been appointed under section 50 in relation to the money,

a magistrates' court may order the bank or building society to pay the money to the designated officer for the court on account of the amount payable under the confiscation order.]

[F3(5A)A person applying for an order under subsection (5) must give notice of the application to the bank or building society with which the account is held.

(5B)In the case of money held in an account not maintained by the person against whom the confiscation order is made, a magistrates' court—

(a)may make an order under subsection (5) only if the extent of the person's interest in the money has been determined under section 10A, and

(b)must have regard to that determination in deciding what is the appropriate order to make.]

(6)If a bank or building society fails to comply with an order under subsection (5)—

(a)the magistrates’ court may order it to pay an amount not exceeding £5,000, and

(b)for the purposes of the Magistrates’ Courts Act 1980 (c. 43) the sum is to be treated as adjudged to be paid by a conviction of the court.

(7)In order to take account of changes in the value of money the Secretary of State may by order substitute another sum for the sum for the time being specified in subsection (6)(a).

[F4(7A)The Secretary of State may by order amend this section so that it applies not only to money held in an account maintained with a bank or building society but also to—

(a)money held in an account maintained with a financial institution of a specified kind, or

(b)money that is represented by, or may be obtained from, a financial instrument or product of a specified kind.

(7B)An order under subsection (7A) may amend this section so that it makes provision about realising an instrument or product within subsection (7A)(b) or otherwise obtaining money from it.]

(8)For the purposes of this section—

(a)a bank is a deposit-taking business within the meaning of the Banking Act 1987 (c. 22);

(b)building society” has the same meaning as in the Building Societies Act 1986 (c. 53).

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Amendments (Textual)

F2S. 67(5) substituted for s. 67(4)(5) (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 14(1), 88(1); S.I. 2015/820, reg. 3(j)

F3S. 67(5A)(5B) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 14(2), 88(1); S.I. 2015/820, reg. 3(j)

F4S. 67(7A)(7B) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 14(3), 88(1); S.I. 2015/820, reg. 3(j)

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

[F567ASeized personal propertyE+W

(1)This section applies to personal property which is held by a person and which—

(a)has been seized by an appropriate officer under a relevant seizure power, or

(b)has been produced to an appropriate officer in compliance with a production order under section 345.

[F6(3)If—

(a)a confiscation order is made against the person by whom the property is held, and

(b)a receiver has not been appointed under section 50 in relation to the property,

a magistrates' court may by order authorise an appropriate officer to realise the property.]

(4)In this section “appropriate officer” and “relevant seizure power” have the same meaning as in section 41A.

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Amendments (Textual)

F6S. 67A(3) substituted for s. 67A(2)(3) (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 14(4), 88(1); S.I. 2015/820, reg. 3(j)

67BCosts of storage and realisationE+W

(1)This section applies if a magistrates' court makes an order under section 67A.

(2)The court may determine an amount which may be recovered by the appropriate officer in respect of reasonable costs incurred in—

(a)storing or insuring the property since it was seized or produced as mentioned in subsection (1) of that section;

(b)realising the property.

(3)If the court makes a determination under this section the appropriate officer is entitled to payment of the amount under section 55(4).

(4)A determination under this section may be made on the same occasion as the section 67A order or on any later occasion; and more than one determination may be made in relation to any case.

(5)In this section “appropriate officer” has the same meaning as in section 41A.

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Amendments (Textual)

67CSections 67A and 67B: appealsE+W

(1)If a magistrates' court decides not to make an order under section 67A, an appropriate officer may appeal to the Crown Court.

(2)If a magistrates' court makes an order under section 67A, a person affected by the order may appeal to the Crown Court.

(3)But the person mentioned in section 67A(2)(a) may not appeal.

(4)An appropriate officer may appeal to the Crown Court against—

(a)a determination made by a magistrates' court under section 67B;

(b)a decision by a magistrates' court not to make a determination under that section.

(5)In this section “appropriate officer” has the same meaning as in section 41A.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

67DProceeds of realisationE+W

(1)This section applies to sums which—

(a)are in the hands of an appropriate officer, and

(b)are the proceeds of the realisation of property under section 67A.

(2)The sums must be applied as follows—

(a)first, they must be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under this subsection by virtue of section 432;

(b)second, they must be applied in making any payments directed by the magistrates' court or the Crown Court;

(c)third, they must be paid to the appropriate designated officer on account of the amount payable under the confiscation order.

(3)If the amount payable under the confiscation order has been fully paid and any sums remain in the appropriate officer's hands, the appropriate officer must distribute them—

(a)among such persons who held (or hold) interests in the property represented by the proceeds as the magistrates' court or the Crown Court directs, and

(b)in such proportions as it directs.

(4)Before making a direction under subsection (3) the court must give persons who held (or hold) interests in the property a reasonable opportunity to make representations to it.

(5)If the magistrates' court has made a direction under subsection (2)(b) or (3) in respect of the proceeds of realisation of any property, the Crown Court may not make a direction under either of those provisions in respect of the proceeds of realisation of that property; and vice versa.

(6)In this section—

  • appropriate officer” has the same meaning as in section 41A;

  • appropriate designated officer” means the designated officer for the magistrates' court which, by virtue of section 35, is responsible for enforcing the confiscation order as if it were a fine.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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