Part 2Confiscation: England and Wales

Procedural matters

F115BEarly resolution meeting

(1)

This section applies where—

(a)

the Crown Court is proceeding under section 6, and

(b)

the court directs that an early resolution of confiscation meeting (an “EROC meeting”) is to be held.

(2)

Before the court proceeds as mentioned in subsection (4) of section 6 (making of order) the prosecutor and the defendant (or the defendant’s legal representative) must attend an EROC meeting.

(3)

An EROC meeting is a meeting held with a view to the prosecutor and defendant—

(a)

reaching agreement on the question whether a confiscation order is required to be made against the defendant and, if so, on the amount required to be paid by the defendant under the confiscation order, or

(b)

in a case where agreement as mentioned in paragraph (a) is not reached, identifying the questions to be decided by the court in proceeding under section 6 on which they disagree.

(4)

A direction under subsection (1)(b)—

(a)

may be given by the court on application by the prosecutor or of its own motion;

(b)

may require or permit the attendance at an EROC meeting of—

(i)

any person who it appears to the court holds, or may hold, an interest in key property;

(ii)

an accredited financial investigator;

(iii)

any other person that the court considers appropriate.

(5)

A direction under subsection (1)(b) may be varied or revoked by the court on application by the prosecutor or of its own motion.

(6)

Key property is property held by the defendant that the court believes will need to be realised or otherwise used to satisfy any confiscation order that may be made.