Part 2E+WConfiscation: England and Wales

Modifications etc. (not altering text)

C6Pt. 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)

C8Pt. 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)

Procedural mattersE+W

[F115CEarly resolution hearingE+W

(1)Following an EROC meeting, the court must hold an EROC hearing if—

(a)the prosecutor and defendant did not reach agreement as mentioned in section 15B(3)(a), or

(b)the prosecutor and defendant did reach agreement, but the court decided not to make a confiscation order under section 6 requiring the defendant to pay the amount agreed.

(2)An “EROC hearing” is a hearing for the court to consider the next steps in the section 6 proceedings.

(3)In this section “EROC meeting” has the meaning given by section 15B.]

Textual Amendments