Part 2Confiscation: England and Wales
F1Appeals
67GAppeals in relation to section 10A determinations
(1)
If a court makes a determination under section 10A of the extent of the defendant’s interest in property, the following may appeal to the Court of Appeal in respect of the determination—
(a)
the prosecutor;
(b)
the defendant, if subsection (2) applies;
(c)
a person who the Court of Appeal believes is or may be a person holding an interest in the property, if subsection (2) applies.
(2)
This subsection applies if—
(a)
the defendant or (as the case may be) the person within subsection (1)(c) was not given a reasonable opportunity to make representations when the determination was made, or
(b)
it appears to the Court of Appeal to be arguable that giving effect to the determination would result in a serious risk of injustice to the defendant or that other person.
(3)
But there is no right of appeal for the defendant or a person within subsection (1)(c) if—
(a)
the Court of Appeal believes that an application under section 50 is to be made by the prosecutor for the appointment of a receiver,
(b)
such an application has been made but not yet determined, or
(c)
a receiver has been appointed under section 50.
(4)
On an appeal under this section the Court of Appeal may—
(a)
confirm the determination, or
(b)
make such order as it believes is appropriate.
(5)
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 any person who was a party to the proceedings on the appeal.
(6)
On an appeal under subsection (5) the Supreme Court may—
(a)
confirm the decision of the Court of Appeal, or
(b)
make such order as it believes is appropriate.