C7C8C3C2C9C4C6C10C5C1C11Part 2Confiscation: England and Wales
Pt. 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.)
Pt. 2: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 15(5)
Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 10(5)
Pt. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)
Pt. 2 applied (with modifications) (1.6.2015) by The Restraint Orders (Legal Aid Exception and Relevant Legal Aid Payments) Regulations 2015 (S.I. 2015/868), regs. 1, 5 (with reg. 4)
Pt. 2 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 33(5) (with s. 25(9)); S.I. 2020/792, reg. 2(g)
Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 8(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 9(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)
Appeals
I1C7C833C7C8C6 Appeal to F6Supreme Court
1
An appeal lies to the F7Supreme Court from a decision of the Court of Appeal on an appeal under section 31.
F82
An appeal under this section lies at the instance of—
a
the defendant or the prosecutor (except where paragraph (b) applies);
b
if the proceedings in the Court of Appeal were proceedings on an appeal under section 31(4), any person who was a party to those proceedings.
3
On an appeal from a decision of the Court of Appeal to confirm, vary or make a confiscation order the F10Supreme Court may confirm, quash or vary the order.
F93A
On an appeal under this section from a decision under section 32(2A) the Supreme Court may—
a
confirm the decision of the Court of Appeal, or
b
make such order as it believes is appropriate.
4
On an appeal from a decision of the Court of Appeal to confirm the decision of the Crown Court not to make a confiscation order or from a decision of the Court of Appeal to quash a confiscation order the F10Supreme Court may—
a
confirm the decision, or
b
direct the Crown Court to proceed afresh under section 6 if it believes the decision was wrong.
5
In proceeding afresh in pursuance of this section the Crown Court must comply with any directions the F10Supreme Court may make.
6
If a court varies a confiscation order under this section or makes a confiscation order in pursuance of a direction under this section it must—
a
have regard to any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;
b
have regard to 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, unless the order has already been taken into account by a court in deciding what is the free property held by the defendant for the purposes of section 9.
7
If the Crown Court proceeds afresh under section 6 in pursuance of a direction under this section subsections (8) to (12) apply.
8
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.
9
If an order has been made against the defendant in respect of the offence (or any of the offences) concerned under F2section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code (compensation orders) F1, section 161A of the Criminal Justice Act 2003 F3or section 42 of the Sentencing Code (orders requiring payment of surcharge) F4or section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders)—
a
the Crown Court must have regard to it, and
b
section 13(5) and (6) above do not apply F5in relation to it.
10
Section 8(2) does not apply, and the rules applying instead are that the Crown 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.
11
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.
12
Section 26 applies as it applies in the circumstances mentioned in subsection (1) of that section.
13
The relevant date is—
a
in a case where the Crown Court made a confiscation order which was quashed by the Court of Appeal, the date on which the Crown Court made the order;
b
in any other case, the date on which the Crown Court decided not to make a confiscation order.
Pt. 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.)