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Legal Aid, Sentencing and Punishment of Offenders Act 2012

Status:

This is the original version (as it was originally enacted).

Proceeds of crime

This section has no associated Explanatory Notes

40(1)Civil legal services provided in relation to—

(a)restraint orders under section 41 of the Proceeds of Crime Act 2002 (“the 2002 Act”) including orders under section 41(7) of that Act (orders for ensuring that restraint order is effective);

(b)orders under section 47M of the 2002 Act (detention of property);

(c)directions under section 54(3) of the 2002 Act (distribution of funds in the hands of a receiver);

(d)directions under section 62 of the 2002 Act (action to be taken by receiver);

(e)orders under section 67A of the 2002 Act (realising property), including directions under section 67D of that Act (distribution of proceeds of realisation);

(f)orders under section 72 or 73 of the 2002 Act (compensation);

(g)applications under section 351 of the 2002 Act (discharge or variation of a production order or order to grant entry);

(h)applications under section 362 of the 2002 Act (discharge or variation of disclosure order);

(i)applications under section 369 of the 2002 Act (discharge or variation of customer information order);

(j)applications under section 375 of the 2002 Act (discharge or variation of account monitoring orders).

General exclusions

(2)Sub-paragraph (1) is subject to—

(a)the exclusions in Part 2 of this Schedule, with the exception of paragraph 14 of that Part, and

(b)the exclusion in Part 3 of this Schedule.

Specific exclusions

(3)Where a confiscation order has been made under Part 2 of the 2002 Act against a defendant, the services described in sub-paragraph (1) do not include services provided to the defendant in relation to—

(a)directions under section 54(3) of that Act (distribution of funds in the hands of a receiver), or

(b)directions under section 67D of that Act (distribution of proceeds of realisation),

that relate to property recovered pursuant to the order.

(4)Where a confiscation order has been made under Part 2 of the 2002 Act against a defendant and varied under section 29 of that Act, the services described in sub-paragraph (1) do not include services provided in relation to an application by the defendant under section 73 of that Act (compensation).

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