Part 2

Confiscation: England and Wales

Procedural matters

Provision of information by defendant
18
1
This section applies if—
a
the court is proceeding under section 6 in a case where section 6(3)(a) applies, or
b
it is proceeding under section 6 in a case where section 6(3)(b) applies or it is considering whether to proceed.
2
For the purpose of obtaining information to help it in carrying out its functions (including functions under section 10A) the court may at any time order the defendant to give it information specified in the order.
3
An order under this section may require all or a specified part of the information to be given in a specified manner and before a specified date.
4
If the defendant fails without reasonable excuse to comply with an order under this section the court may draw such inference as it believes is appropriate.
5
Subsection (4) does not affect any power of the court to deal with the defendant in respect of a failure to comply with an order under this section.
6
If the prosecutor ... accepts to any extent an allegation made by the defendant—
a
in giving information required by an order under this section, or
b
in any other statement given to the court in relation to any matter relevant to deciding—
i
the available amount under section 9, or
ii
whether to make a determination under section 10A, or what determination to make (if the court decides to make one),
the court may treat the acceptance as conclusive of the matters to which it relates.
7
For the purposes of this section an allegation may be accepted in a manner ordered by the court.
8
If the court makes an order under this section it may at any time vary it by making another one.
9
No information given under this section which amounts to an admission by the defendant that he has benefited from criminal conduct is admissible in evidence in proceedings for an offence.
Words in s. 18(2) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 2(2)(a), 88(1); S.I. 2015/820, reg. 3(a)
Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 9(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 15(5)
Pt. 2: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
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)
Words in s. 18(6)(b) substituted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 2(2)(b), 88(1); S.I. 2015/820, reg. 3(a)
Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 8(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
Words in s. 18(6) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 7, Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
Pt. 2 applied (with modifications) (1.6.2015) by The Restraint Orders (Legal Aid Exception and Relevant Legal Aid Payments) Regulations 2015 (S.I. 2015/868), regs. 1, 5 (with reg. 4)
S. 18 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
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.)
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.)
Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 10(5)
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)
Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)