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Coroners and Justice Act 2009

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Changes over time for: Cross Heading: Additional powers

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  • specified provision(s) amendment to earlier commencing SI 2010/145 Sch. para. 27(a) by S.I. 2010/186 art. 2
  • specified provision(s) amendment to earlier commencing SI 2010/816 art. 7(2) by S.I. 2011/722 art. 2(2)

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Additional powersE+W+S+N.I.

166Effect of conviction being quashed etcE+W+S+N.I.

(1)Where an exploitation proceeds order has been made in respect of exploitation proceeds obtained by the respondent from a relevant offence, the order ceases to have effect if—

(a)the relevant offence is within paragraph (a) of section 159(1) and the respondent's conviction for it is subsequently quashed, or

(b)the relevant offence is within paragraph (b) or (c) of that section and the respondent's conviction for the offence (or, if more than one, all of the offences) by virtue of which the relevant offence is within either of those paragraphs is (or are) subsequently quashed.

(2)Where an exploitation proceeds order has been made in respect of exploitation proceeds obtained by the respondent from 2 or more relevant offences, the order ceases to have effect if paragraph (a) or (b) of subsection (1) applies in relation to each of those offences.

(3)Where an exploitation proceeds order ceases to have effect under subsection (1) or (2), the court must, on the application of the respondent (or the respondent's personal representative), order the Secretary of State to repay to the respondent (or the personal representative) the recovered amount.

(4)Subsection (5) applies where an exploitation proceeds order has been made if—

(a)where the order was made in respect of exploitation proceeds obtained by the respondent from 2 or more relevant offences, paragraph (a) or (b) of subsection (1) applies in relation to one or more, but not all, of those offences, or

(b)where the order was made in respect of exploitation proceeds obtained by the respondent from a relevant offence within section 159(1)(c) (whether alone or together with other relevant offences), another person has been convicted of that offence and that conviction is subsequently quashed.

(5)On the application of the respondent (or the respondent's personal representative), the court may—

(a)determine that the exploitation proceeds order is to cease to have effect, or

(b)reduce the recoverable amount by such amount (if any) as it considers just and reasonable.

(6)Where the exploitation proceeds order ceases to have effect under subsection (5)(a), the court must order the Secretary of State to repay to the respondent (or the respondent's personal representative) the recovered amount.

(7)Where the court reduces the recoverable amount under subsection (5)(b), if the recovered amount exceeds the reduced recoverable amount, the court must order the Secretary of State to repay to the respondent (or the respondent's personal representative) that excess.

(8)An order under subsection (3), (6) or (7) for the repayment of a sum must also order the Secretary of State to pay to the recipient interest on that sum, at a rate determined by the court, for the period which—

(a)begins with the day on which the respondent made the payment in accordance with the exploitation proceeds order, and

(b)ends with the day before the day on which that sum is repaid to the respondent or the respondent's personal representative.

(9)In the case of an exploitation proceeds order made on the application of the Scottish Ministers—

(a)references in this section to the Secretary of State are to be read as references to the Scottish Ministers, and

(b)the reference in subsection (8) to a rate determined by the court is to read as a reference to a rate set by rules of court.

(10)In this section—

(a)any reference to a conviction for an offence includes a reference to a finding, in relation to the offence, of the kind mentioned in section 156(2)(b) or (c) or (3)(a)(ii) or (iii) or section 157(2)(b) or (3), and

(b)any reference to a conviction for an offence being quashed includes a reference to—

(i)the reversal or setting aside of a conviction;

(ii)the substitution of a verdict of acquittal in relation to a finding of the kind mentioned in section 156(2)(b) or (c);

(iii)a finding of the kind mentioned in section 156(3)(a)(ii) or (iii) being quashed;

(iv)a finding of the kind mentioned in section 157(2)(b) or (3) being quashed, set aside, reversed or replaced with a verdict of acquittal.

(11)In this section—

  • the court” means the court which made the exploitation proceeds order;

  • personal representative” means—

    (a)

    in relation to England and Wales, a person who is a personal representative within the meaning of section 55(1) of the Administration of Estates Act 1925 (c. 23),

    (b)

    in relation to Scotland, an executor confirmed to the estate of the respondent,

    (c)

    in relation to Northern Ireland, a person who is one of the personal representatives within the meaning of the Administration of Estates Act (Northern Ireland) 1955 (c. 24), or

    (d)

    any person having, in relation to the respondent, under the law of another country any functions corresponding to the functions of a person falling within paragraph (a), (b) or (c);

  • the recovered amount”, in relation to an exploitation proceeds order, means the amount (if any) paid by the respondent to an enforcement authority in accordance with the order, reduced by any amount already repaid under subsection (7) and disregarding any interest paid under section 155(6).

167Powers of court on repeat applicationsE+W+S+N.I.

(1)This section applies if—

(a)a court makes an exploitation proceeds order (“the earlier order”) in respect of a person, and

(b)an application (“the later application”) is then made to the court for another exploitation proceeds order in respect of the same person.

(2)The court may, for the purposes of the later application, adopt any finding of fact made by the court in connection with the earlier order.

(3)Subsection (4) applies where, on the later application, the court is satisfied as mentioned in section 155(1).

(4)If, or to the extent that, the earlier order was in respect of benefits derived from the same source as the benefits to which the later application relates, the court must when making a determination under section 162 in relation to the later application, have regard to any determination made by it under that section in connection with the earlier order.

(5)For the purposes of subsection (4) benefits are from the same source if they consist of benefits derived by the respondent from (or from steps taken or to be taken with a view to) the same exploitation of material related to the same relevant offence.

168Additional proceeds reporting ordersE+W+S+N.I.

(1)A court making an exploitation proceeds order may also make an additional proceeds reporting order in respect of the respondent.

(2)But it may do so only if it is satisfied that the likelihood of the respondent obtaining further exploitation proceeds from a relevant offence is sufficiently high to justify the making of an additional proceeds reporting order.

(3)An additional proceeds reporting order—

(a)comes into force when it is made, and

(b)has effect for the period specified in the order, beginning with the date on which it is made.

(4)The period specified under subsection (3) must not exceed 20 years.

(5)Sections 79, 80(1) and (2) and 81 of the Serious Organised Crime and Police Act 2005 (c. 15) apply in relation to an additional proceeds reporting order under this section as they apply in relation to a financial reporting order under section 76, 77 or 78 of that Act.

(6)The person to whom reports are made under an additional proceeds reporting order may disclose a report to an enforcement authority for the purposes of—

(a)an exploitation proceeds investigation (within the meaning of section 341(5) of the Proceeds of Crime Act 2002 (c. 29)), or

(b)the making or pursuing of an application for, or the enforcement of, an exploitation proceeds order or an additional proceeds reporting order.

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