C3C2C4C6C5C7C8Part 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)
F2Enforcement receivers
Ss. 47A-47S and cross-heading inserted (22.11.2014 for the insertion of ss. 47A, 47G, 47S(1)-(5) for specified purposes, 1.6.2015 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 55(2), 116(1); S.I. 2014/3101, art. 3; S.I. 2015/983, art. 2(2)(a)
I1C3C251C3C2 Powers
1
If the court appoints a receiver under section 50 it may act under this section on the application of the prosecutor.
2
The court may by order confer on the receiver the following powers in relation to the realisable property—
a
power to take possession of the property;
b
power to manage or otherwise deal with the property;
c
power to realise the property, in such manner as the court may specify;
d
power to start, carry on or defend any legal proceedings in respect of the property.
3
The court may by order confer on the receiver power to enter any premises in England and Wales and to do any of the following—
a
search for or inspect anything authorised by the court;
b
make or obtain a copy, photograph or other record of anything so authorised;
c
remove anything which the receiver is required or authorised to take possession of in pursuance of an order of the court.
4
The court may by order authorise the receiver to do any of the following for the purpose of the exercise of his functions—
a
hold property;
b
enter into contracts;
c
sue and be sued;
d
employ agents;
e
execute powers of attorney, deeds or other instruments;
f
take any other steps the court thinks appropriate.
5
The court may order any person who has possession of realisable property to give possession of it to the receiver.
C16
The court—
a
may order a person holding an interest in realisable property to make to the receiver such payment as the court specifies in respect of a beneficial interest held by the defendant or the recipient of a tainted gift;
b
may (on the payment being made) by order transfer, grant or extinguish any interest in the property.
7
Subsections (2), (5) and (6) do not apply to property for the time being subject to a charge under any of these provisions—
a
section 9 of the Drug Trafficking Offences Act 1986 (c. 32);
b
section 78 of the Criminal Justice Act 1988 (c. 33);
c
Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));
d
section 27 of the Drug Trafficking Act 1994 (c. 37);
e
Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).
8
The court must not—
a
confer the power mentioned in subsection (2)(b) or (c) in respect of property, or
b
exercise the power conferred on it by subsection (6) in respect of property,
unless it gives persons holding interests in the property a reasonable opportunity to make representations to it.
F18A
Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which—
a
is perishable; or
b
ought to be disposed of before its value diminishes.
F38B
Representations that a person is entitled to make by virtue of subsection (8) do not include representations that are inconsistent with a determination made under section 10A, unless—
a
the person was not given a reasonable opportunity to make representations when the determination was made and has not appealed against the determination, or
b
it appears to the court that there would be a serious risk of injustice to the person if the court was bound by the determination;
and the determination does not bind the court if paragraph (a) or (b) applies.
9
The court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies.
10
Managing or otherwise dealing with property includes—
a
selling the property or any part of it or interest in it;
b
carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property;
c
incurring capital expenditure in respect of the property.
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.)