PART 1Proceeds of crime

CHAPTER 3Northern Ireland

Confiscation: assets held by defendant and other

I126Appeals

1

In section 181 of the Proceeds of Crime Act 2002 (appeal to Court of Appeal), after subsection (3) insert—

4

An appeal lies to the Court of Appeal against a determination, under section 160A, of the extent of the defendant's interest in property.

5

An appeal under subsection (4) lies at the instance of—

a

the prosecutor;

b

a person who the Court of Appeal thinks is or may be a person holding an interest in the property, if subsection (6) or (7) applies.

6

This subsection applies if the person was not given a reasonable opportunity to make representations when the determination was made.

7

This subsection applies if it appears to the Court of Appeal to be arguable that giving effect to the determination would result in a serious risk of injustice to the person.

8

An appeal does not lie under subsection (4) where—

a

the Court of Appeal believes that an application under section 198 is to be made by the prosecutor for the appointment of a receiver,

b

such an application has been made but has not yet been determined, or

c

a receiver has been appointed under section 198.

2

In section 182 of that Act (court's powers on appeal), after subsection (2) insert—

2A

On an appeal under section 181(4) the Court of Appeal may—

a

confirm the determination, or

b

make such order as it believes is appropriate.

3

In section 183 of that Act (appeal to Supreme Court)—

a

for subsection (2) substitute—

2

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 181(4), any person who was a party to those proceedings.

b

after subsection (3) insert—

3A

On an appeal under this section from a decision under section 182(2A) the Supreme Court may—

a

confirm the decision of the Court of Appeal, or

b

make such order as it believes is appropriate.