Part 2Confiscation: England and Wales

F1Appeals

67HAppeals in relation to compliance orders

(1)

If, on an application under section 13A(3)(b), the Crown Court decides not to make a compliance order, the prosecutor may appeal to the Court of Appeal against the decision.

(2)

If the Crown Court decides to make, discharge or vary a compliance order, the following persons may appeal to the Court of Appeal in respect of the decision—

(a)

the prosecutor;

(b)

the defendant;

(c)

any other person affected by the order.

(3)

On an appeal under subsection (1) or (2) the Court of Appeal may—

(a)

confirm the decision, or

(b)

make such order as it believes is appropriate.

(4)

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.

(5)

On an appeal under subsection (4) the Supreme Court may—

(a)

confirm the decision of the Court of Appeal, or

(b)

make such order as it believes is appropriate.

(6)

In this section “compliance order” means an order made under section 13A.