C2C1C3C5C4C6C7Part 2Confiscation: England and Wales

Annotations:
Modifications etc. (not altering text)
C2

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.)

C1

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.)

C6

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)

Interpretation

I1C2C188C2C1C7 Other interpretative provisions

1

A reference to the offence (or offences) concerned must be construed in accordance with section 6(9).

2

A criminal investigation is an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence.

3

A defendant is a person against whom proceedings for an offence have been started (whether or not he has been convicted).

4

A reference to sentencing the defendant for an offence includes a reference to dealing with him otherwise in respect of the offence.

5

The Sentencing Act is the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

6

The following paragraphs apply to references to orders—

a

a confiscation order is an order under section 6;

b

a restraint order is an order under section 41.

7

Sections 75 to 87 and this section apply for the purposes of this Part.