67FAppeals under section 67E: supplementary(1)

This section applies if a court makes or varies a confiscation order pursuant to section 67E.

(2)

The court must—

(a)

have regard to any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;

(b)

have regard to any order which falls within section 13(3) and has been made against the defendant in respect of the offence (or any of the offences) concerned, unless the order has already been taken into account by a court in deciding what is the free property held by the defendant for the purposes of section 9.

(3)

Subsections (4) to (9) apply if a court makes a confiscation order pursuant to section 67E.

(4)

If a court has already sentenced the defendant for the offence (or any of the offences) concerned, section 6 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned.

(5)

If an order falling with subsection (6) has been made against the defendant in respect of the offence (or any of the offences) concerned the court must have regard to the order.

(6)

These orders fall within this subsection—

(a)

a compensation order under Chapter 2 of Part 7 of the Sentencing Code;

(b)

an order requiring payment of a surcharge under section 42 of the Sentencing Code;

(c)

an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013;

(d)

a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.

(7)

Section 8(2) does not apply, and the rules applying instead are that the court must—

(a)

take account of conduct occurring before the relevant date;

(b)

take account of property obtained before that date;

(c)

take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.

(8)

In section 10—

(a)

the first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date;

(b)

the third assumption does not apply with regard to expenditure incurred by the defendant on or after that date;

(c)

the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by the defendant on or after that date.

(9)

Section 26 applies as it applies in the circumstances mentioned in subsection (1) of that section.

(10)

For the purposes of this section, “the relevant date” is—

(a)

in a case where the Crown Court made a confiscation order which was quashed by the Court of Appeal, the date on which the Crown Court made the order;

(b)

in any other case, the date on which the Crown Court decided not to make a confiscation order.