Part 2Confiscation: England and Wales

F1Appeals

67EAppeals in relation to confiscation orders

(1)

If the Crown Court makes a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order.

(2)

If the Crown Court decides not to make a confiscation order, the prosecutor may appeal to the Court of Appeal against the decision.

(3)

For the defendant’s right of appeal—

(a)

where the Crown Court makes a confiscation order, and

(b)

in respect of an order fixing the default term,

see section 50(1) of the Criminal Appeal Act 1968 (the effect of which is that, for the purposes of the appeal rights conferred by that Act, both such orders form part of the defendant’s sentence).

(4)

On an appeal under subsection (1) the Court of Appeal—

(a)

may confirm, vary or quash the confiscation order, and

(b)

if it quashes the order, may direct the Crown Court to proceed afresh under section 6.

(5)

On an appeal under subsection (2) the Court of Appeal—

(a)

may confirm the decision, or

(b)

if it believes that the decision was wrong, may—

(i)

itself proceed under section 6 (ignoring subsections (1) to (3)), or

(ii)

direct the Crown Court to proceed afresh under that section.

(6)

An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor.

(7)

On an appeal from a decision of the Court of Appeal to confirm, vary or make a confiscation order the Supreme Court may confirm, vary or quash the order.

(8)

On an appeal from a decision of the Court of Appeal to confirm the decision of the Crown Court not to make a confiscation order, or from a decision of the Court of Appeal to quash a confiscation order, the Supreme Court may—

(a)

confirm the decision, or

(b)

direct the Crown Court to proceed afresh under section 6 if it believes the decision was wrong.

(9)

In proceeding afresh under section 6 pursuant to this section, the Crown Court must comply with any directions the Court of Appeal or (as the case may be) the Supreme Court may make.