Part 2

Confiscation: England and Wales

Confiscation orders

Available amount
9
1
For the purposes of deciding the recoverable amount, the available amount is the aggregate of—
a
the total of the values (at the time the confiscation order is made) of all the free property then held by the defendant minus the total amount payable in pursuance of obligations which then have priority, and
b
the total of the values (at that time) of all tainted gifts.
2
An obligation has priority if it is an obligation of the defendant—
a
to pay an amount due in respect of a fine or other order of a court which was imposed or made on conviction of an offence and at any time before the time the confiscation order is made, or
b
to pay a sum which would be included among the preferential debts if the defendant’s bankruptcy had commenced on the date of the confiscation order or his winding up had been ordered on that date.
3
“Preferential debts” has the meaning given by section 386 of the Insolvency Act 1986 (c. 45).