PART 1

Proceeds of crime
CHAPTER 1

England and Wales

Confiscation: other amendments

Default sentences
10
1
In section 35 of the Proceeds of Crime Act 2002 (enforcement as fines), after subsection (2) insert—
2A
Where a court is fixing a term of imprisonment or detention under section 139(2) of the Sentencing Act (as applied by subsection (2) above) in respect of an amount ordered to be paid under a confiscation order, the maximum terms are those specified in the second column of the Table for amounts described in the corresponding entry in the first column.

TABLE
Amount | Maximum term
£10,000 or less | 6 months
More than £10,000 but no more than £500,000 | 5 years
More than £500,000 but no more than £1 million | 7 years
More than £1 million | 14 years
2B
In the application of subsection (9) of section 139 of the Sentencing Act by virtue of subsection (2) above, the reference to subsections (2) to (4) of that section is to be read as a reference to—
a
subsections (2) and (3) of that section, and
b
subsection (2A) above.
2C
The Secretary of State may by order—
a
amend subsection (2A) so as to provide for minimum terms of imprisonment or detention under section 139(2) of the Sentencing Act (as applied by subsection (2) above) in respect of amounts ordered to be paid under a confiscation order;
b
amend the Table in subsection (2A) so as to remove, alter or replace any entry (including an entry inserted by virtue of the power in paragraph (a) of this subsection) or to add any entry.
2
In section 459(6)(a) of that Act (orders subject to affirmative resolution procedure), after “section” insert “ 35(2C), ”.
3
In section 258 of the Criminal Justice Act 2003 (early release of fine defaulters etc), after subsection (2A) insert—
2B
Subsection (2) does not apply to a person within subsection (1)(a) if the sum in question is a sum of more than £10 million ordered to be paid under a confiscation order made under Part 2 of the Proceeds of Crime Act 2002.
2C
The Secretary of State may by order amend the amount for the time being specified in subsection (2B).
4
In section 330(5) of that Act (orders subject to affirmative resolution procedure), at the appropriate place in the list of provisions in paragraph (a) insert “ section 258(2C), ”.
S. 10 in force at 1.6.2015 by S.I. 2015/820, reg. 3(g)