Part 2

Confiscation: England and Wales

Confiscation orders

Effect of order on court’s other powers
13
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 an order under section 130 of the Sentencing Act (compensation orders);
b
an order under section 27 of the Misuse of Drugs Act 1971 (c. 38) (forfeiture orders);
c
an order under section 143 of the Sentencing Act (deprivation orders);
d
an order under section 23 of the Terrorism Act 2000 (c. 11) (forfeiture orders).
4
Subject to subsection (2), the court must leave the confiscation order out of account in deciding the appropriate sentence for the defendant.
5
Subsection (6) applies if—
a
the Crown Court makes both a confiscation order and an order for the payment of compensation under section 130 of the Sentencing Act against the same person in the same proceedings, and
b
the court believes he will not have sufficient means to satisfy both the orders in full.
6
In such a case the court must direct that so much of the compensation 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.