Part 4

Confiscation: Northern Ireland

Exercise of powers

Powers of court and receiver etc
217
1
This section applies to—
a
the powers conferred on a court by sections 189 to 207 and sections 210 to 215D;
b
the powers of a receiver appointed under section 196 or 198.
c
the powers conferred on appropriate officers by sections 195C to 195L;
d
the powers conferred on senior officers by section 195G.
2
The powers—
a
must be exercised with a view to the value for the time being of realisable property being made available (by the property’s realisation) for satisfying any confiscation order that has been or may be made against the defendant;
b
must be exercised, in a case where a confiscation order has not been made, with a view to securing that there is no diminution in the value of realisable property;
c
must be exercised without taking account of any obligation of the defendant or a recipient of a tainted gift if the obligation conflicts with the object of satisfying any confiscation order that has been or may be made against the defendant;
d
may be exercised in respect of a debt owed by the Crown.
2A
Subsection (2)(a) does not apply to—
a
the power conferred on a court by paragraph (e) of section 199(2) (which enables the court to give a receiver the power to destroy cryptoassets),
b
a power conferred on a receiver by virtue of that paragraph, or
c
the power conferred on a magistrates’ court by section 215AA (power to order destruction of cryptoassets).
3
Subsection (2) has effect subject to the following rules—
a
the powers must be exercised with a view to allowing a person other than the defendant or a recipient of a tainted gift to retain or recover the value of any interest held by him;
b
in the case of realisable property held by a recipient of a tainted gift, the powers must be exercised with a view to realising no more than the value for the time being of the gift;
c
in a case where a confiscation order has not been made against the defendant, property must not be realised if the court so orders under subsection (4).
4
If on an application by the defendant, or by the recipient of a tainted gift, the court decides that property cannot be replaced it may order that it must not be sold.
5
An order under subsection (4) may be revoked or varied.
Pt. 4 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)
S. 217(1)(c)(d) inserted (1.3.2016) by Policing and Crime Act 2009 (c. 26), ss. 57(4)(a), 116(1); S.I. 2016/147, art. 3(b) (with art. 4)
Pt. 4 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)
Words in s. 217(1)(b) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 67(b); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 11(5)
Word in s. 217(1)(a) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 67(a); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
Word in s. 217(1)(a) substituted (1.3.2016) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 74; S.I. 2016/147, art. 3(i)
Pt. 4 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)
Word in s. 217 heading inserted (1.3.2016) by Policing and Crime Act 2009 (c. 26), ss. 57(4)(b), 116(1); S.I. 2016/147, art. 3(b) (with art. 4)
Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 6(5)
Pt. 4: 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. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)
Pt. 4 functions of receiver extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)
S. 217 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
S. 217(2A) inserted (26.10.2023 for specified purposes, 26.4.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(5)(a), Sch. 8 para. 53; S.R. 2024/82, art. 2