Part 2

Confiscation: England and Wales

Procedural matters

Provision of information as to defendant's interest in property
18A
1
This section applies if the court—
a
is considering whether to make a determination under section 10A of the extent of the defendant's interest in any property, or
b
is deciding what determination to make (if the court has decided to make a determination under that section).
In this section “
interested person
” means a person (other than the defendant) who the court thinks is or may be a person holding an interest in the property.
2
For the purpose of obtaining information to help it in carrying out its functions under section 10A the court may at any time order an interested person 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 an interested person 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 person 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 an interested person—
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 a determination under section 10A,
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 by a person under this section is admissible in evidence in proceedings against that person for an offence.
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)
S. 18A inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 2(3), 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)
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)
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)