Part 2E+WConfiscation: England and Wales

Modifications etc. (not altering text)

C6Pt. 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)

C8Pt. 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)

[F1AppealsE+W

Textual Amendments

F1Ss. 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)

67IAppeals in relation to variations of confiscation orderE+W

(1)If the Crown Court makes an order under section 21, 22 or 23 varying a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order.

(2)For the defendant’s right of appeal where the Crown Court makes an order under section 21 or 22, see section 50(1)(cb) of the Criminal Appeal Act 1968 (the effect of which is that, for the purposes of the appeal rights conferred by that Act, any such order forms part of the defendant’s sentence).

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

(a)may confirm, vary or quash the order concerned, and

(b)if it quashes the order, may direct the Crown Court to proceed afresh under section 21, 22 or 23.

(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 the defendant or the prosecutor.

(5)On an appeal from a decision of the Court of Appeal to confirm or vary the order concerned the Supreme Court may confirm, vary or quash the order.

(6)On an appeal from a decision of the Court of Appeal to quash the order concerned the Supreme Court may—

(a)confirm the decision of the Court of Appeal, or

(b)direct the Crown Court to proceed afresh under section 21, 22 or 23 if it believes the decision was wrong.

(7)In proceeding afresh 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.]