Part VIC1C2Confiscation of the Proceeds of an Offence
Part VI (ss. 71 to 103) applied (1.11.1995) by 1995 c. 11, s. 15(3); S.I. 1995/2650, art. 2
Enforcement, etc. of confiscation orders
75 Application of procedure for enforcing fines.
1
Where the Crown Court orders the defendant to pay an amount under this Part of this Act, sections 31(1) to (3C) and 32(1) and (2) of the M1Powers of Criminal Courts Act 1973 (powers of Crown Court in relation to fines and enforcement of Crown Court fines) shall have effect as if that amount were a fine imposed on him by the Crown Court.
2
Where a magistrates’ court orders the defendant to pay an amount under this Part of this Act, that amount shall be treated as a fine for the purposes of section 31(3) of the M2Magistrates’ Courts Act 1980 (general limit on the power of a magistrates’ court to impose imprisonment not to apply in the case of imprisonment in default).
3
Where—
a
a warrant of commitment is issued for a default in payment of an amount ordered to be paid under this Part of this Act in respect of an offence; and
b
at the time the warrant is issued, the defendant is liable to serve a term of custody in respect of the offence;
the term of imprisonment or of detention under section 9 of the M3Criminal Justice Act 1982 (detention of persons aged 17 to 20 for default) to be served in default of payment of the amount shall not begin to run until after the term mentioned in paragraph (b) above.
4
The reference in subsection (3) above to the term of custody which the defendant is liable to serve in respect of the offence is a reference to the term of imprisonment or detention in a young offender institution which he is liable to serve in respect of the offence; and for the purposes of this subsection—
a
consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term; and
b
there shall be disregarded—
i
any sentence suspended under section 22(1) of the M4Powers of Criminal Courts Act 1973 which has not taken effect at the time the warrant is issued;
ii
in the case of a sentence of imprisonment passed with an order under section 47(1) of the M5Criminal Law Act 1977, any part of the sentence which the defendant has not at that time been required to serve in prison; and
iii
any term of imprisonment or detention fixed under section 31(2) of the Powers of Criminal Courts Act 1973 for which a warrant of commitment has not been issued at that time.
5
In the application of Part III of the M6Magistrates’ Courts Act 1980 to amounts payable under confiscation orders—
a
such an amount is not a sum adjudged to be paid by a conviction for the purposes of section 81 (enforcement of fines imposed on young offenders) or a fine for the purposes of section 85 (remission of fines); and
b
in section 87 (enforcement by High Court or county court), subsection (3) shall be omitted.
F15A
Where the defendant serves a term of imprisonment or detention in default of paying any amount due under a confiscation order, his serving that term does not prevent the confiscation order from continuing to have effect, so far as any other method of enforcement is concerned.
6
This section applies in relation to confiscation orders made by the criminal division of the Court of Appeal, or by the House of Lords on appeal from that division, as it applies in relation to confiscation orders made by the Crown Court, and the reference in subsection (1) above to the Crown Court shall be construed accordingly.
Part VI (ss. 71 to 103) modified: (29.12.1991) by S.I. 1991/2873, art. 3(2), Sch. 2; and (1.9.1995) by S.I. 1995/1968, art. 2(1)