http://www.legislation.gov.uk/ukpga/2002/29/section/67FProceeds of Crime Act 2002An Act to establish the Assets Recovery Agency and make provision about the appointment of its Director and his functions (including Revenue functions), to provide for confiscation orders in relation to persons who benefit from criminal conduct and for restraint orders to prohibit dealing with property, to allow the recovery of property which is or represents property obtained through unlawful conduct or which is intended to be used in unlawful conduct, to make provision about money laundering, to make provision about investigations relating to benefit from criminal conduct or to property which is or represents property obtained through unlawful conduct or to money laundering, to make provision to give effect to overseas requests and orders made where property is found or believed to be obtained through criminal conduct, and for connected purposes.2002-08-12texttext/xmlenStatute Law Database2026-07-06Expert Participation2026-06-30 Part 2Confiscation: England and Wales<Addition ChangeId="key-cbaeedb61159e4a68f7c0c03ce4d0c55-1783336035020" CommentaryRef="key-cbaeedb61159e4a68f7c0c03ce4d0c55">Appeals</Addition><Addition ChangeId="key-cbaeedb61159e4a68f7c0c03ce4d0c55-1783336035020" CommentaryRef="key-cbaeedb61159e4a68f7c0c03ce4d0c55">Appeals under section 67E: supplementary</Addition>67F1This section applies if a court makes or varies a confiscation order pursuant to section 67E.2The court must—ahave regard to any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;bhave 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 9.3Subsections (4) to (9) apply if a court makes a confiscation order pursuant to section 67E.4If 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.5If 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.6These orders fall within this subsection—aa compensation order under Chapter 2 of Part 7 of the Sentencing Code;ban order requiring payment of a surcharge under section 42 of the Sentencing Code;can unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013;da slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.7Section 8(2) does not apply, and the rules applying instead are that the court must—atake account of conduct occurring before the relevant date;btake account of property obtained before that date;ctake 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.8In section 10—athe first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date;bthe third assumption does not apply with regard to expenditure incurred by the defendant on or after that date;cthe fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by the defendant on or after that date.9Section 26 applies as it applies in the circumstances mentioned in subsection (1) of that section.10For the purposes of this section, “the relevant date” is—ain 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;bin any other case, the date on which the Crown Court decided not to make a confiscation order.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)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)Ss. 67E-67L and cross-heading inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 21 para. 31(2); S.I. 2026/689, reg. 2(1)(z12)