Part 2

Confiscation: England and Wales

Defendant absconds

Defendant convicted or committed
27
1
This section applies if the following two conditions are satisfied.
2
The first condition is that a defendant falls within any of the following paragraphs—
a
he absconds and, either before or after doing so, he is convicted of an offence or offences in proceedings before the Crown Court;
b
he absconds after being committed to the Crown Court for sentence in respect of an offence or offences under
any provision of sections 14 to 20 of the Sentencing Code
;
c
he absconds after being committed to the Crown Court in respect of an offence or offences under section 70 below (committal with a view to a confiscation order being considered).
3
The second condition is that—
a
the prosecutor ... applies to the Crown Court to proceed under this section, and
b
the court believes it is appropriate for it to do so.
4
If this section applies the court must proceed under section 6 in the same way as it must proceed if the two conditions there mentioned are satisfied; but this is subject to subsection (5).
5
If the court proceeds under section 6 as applied by this section, this Part has effect with these modifications—
a
any person the court believes is likely to be affected by an order under section 6 is entitled to appear before the court and make representations;
b
the court must not make an order under section 6 unless the prosecutor ... has taken reasonable steps to contact the defendant;
c
section 6(9) applies as if the reference to subsection (2) were to subsection (2) of this section;
d
sections 10, 16(4), 17 and 18 must be ignored;
e
sections 19, 20 and 21 must be ignored while the defendant is still an absconder.
6
Once the defendant ceases to be an absconder—
a
section 19 has effect as if subsection (1) read—
1
This section applies if—
a
at a time when the first condition in section 27 was satisfied the court did not proceed under section 6,
b
before the end of the period of six years starting with the day when the defendant ceased to be an absconder, the prosecutor applies to the Crown Court to proceed under section 6, and
c
the court believes it is appropriate for it to do so.
;
b
section 20 has effect as if subsection (4) read—
4
The second condition is that—
a
before the end of the period of six years starting with the day when the defendant ceased to be an absconder, the prosecutor applies to the Crown Court to reconsider whether the defendant has benefited from his general or particular criminal conduct (as the case may be), and
b
the court believes it is appropriate for it to do so.
;
c
section 21 has effect as if subsection (1) read—
1
This section applies if—
a
a court has made a confiscation order,
b
the prosecutor believes that if the court were to find the amount of the defendant's benefit in pursuance of this section it would exceed the relevant amount,
c
before the end of the period of six years starting with the day when the defendant ceased to be an absconder, the prosecutor applies to the Crown Court to proceed under this section, and
d
the court believes it is appropriate for it to do so.
;
d
the modifications set out in subsection (5)(a) to (d) of this section do not apply to proceedings that take place by virtue of section 19, 20 or 21 (as applied by this subsection).
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)
S. 27(2) substituted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 9(1), 88(1); S.I. 2015/820, reg. 3(f)
S. 27(6) substituted for s. 27(6)(7) (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 9(2), 88(1); S.I. 2015/820, reg. 3(f)
Words in s. 27(5)(b) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 14(3), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
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. 27 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch. (with arts. 3(2), 10-13)
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.)
Words in s. 27(2)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 189 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
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)
Words in s. 27(3)(a) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 14(2), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
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)