C2C1C3C5C4C6C7C8Part 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)

C8

Pt. 2 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 33(5) (with s. 25(9)); S.I. 2020/792, reg. 2(g)

Confiscation orders

I1C2C113C2C1C7 Effect of order on court’s other powers

1

If the court makes a confiscation order it must proceed as mentioned in subsections (2) and (4) in respect of the offence or offences concerned.

2

The court must take account of the confiscation order before—

a

it imposes a fine on the defendant, or

b

it makes an order falling within subsection (3).

3

These orders fall within this subsection—

a

an order involving payment by the defendant, other than F2an order under F8section 46 of the Sentencing Code (criminal courts charge) orF3a priority order;

b

an order under section 27 of the Misuse of Drugs Act 1971 (c. 38) (forfeiture orders);

c

an order under F9Chapter 4 of Part 7 of the Sentencing Code (deprivation orders);

d

an order under section 23 F1or 23A of the Terrorism Act 2000 (c. 11) (forfeiture orders).

F43A

In this section “priority order” means any of the following—

a

a compensation order under F10Chapter 2 of Part 7 of the Sentencing Code;

b

an order requiring payment of a surcharge under F11section 42 of the Sentencing Code;

c

an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

F7d

a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.

4

Subject to subsection (2), the court must leave the confiscation order out of account in deciding the appropriate sentence for the defendant.

F55

Subsection (6) applies if—

a

the Crown Court makes both a confiscation order and one or more priority orders against the same person in the same proceedings, and

b

the court believes the person will not have sufficient means to satisfy all those orders in full.

6

In such a case the court must direct that so much of the F6amount payable under the priority order (or orders) as it specifies is to be paid out of any sums recovered under the confiscation order; and the amount it specifies must be the amount it believes will not be recoverable because of the insufficiency of the person’s means.