PART 1

Proceeds of crime
CHAPTER 1

England and Wales

Confiscation: assets held by defendant and other

Appeals
3
1
In section 31 of the Proceeds of Crime Act 2002 (appeal to Court of Appeal), after subsection (3) insert—
4
An appeal lies to the Court of Appeal against a determination, under section 10A, of the extent of the defendant's interest in property.
5
An appeal under subsection (4) lies at the instance of—
a
the prosecutor;
b
a person who the Court of Appeal thinks is or may be a person holding an interest in the property, if subsection (6) or (7) applies.
6
This subsection applies if the person was not given a reasonable opportunity to make representations when the determination was made.
7
This subsection applies if 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 person.
8
An appeal does not lie under subsection (4) where—
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 has not yet been determined, or
c
a receiver has been appointed under section 50.
2
In section 32 of that Act (court's powers on appeal), after subsection (2) insert—
2A
On an appeal under section 31(4) the Court of Appeal may—
a
confirm the determination, or
b
make such order as it believes is appropriate.
3
In section 33 of that Act (appeal to Supreme Court)—
a
for subsection (2) substitute—
2
An appeal under this section lies at the instance of—
a
the defendant or the prosecutor (except where paragraph (b) applies);
b
if the proceedings in the Court of Appeal were proceedings on an appeal under section 31(4), any person who was a party to those proceedings.
;
b
after subsection (3) insert—
3A
On an appeal under this section from a decision under section 32(2A) the Supreme Court may—
a
confirm the decision of the Court of Appeal, or
b
make such order as it believes is appropriate.
S. 3 in force at 1.6.2015 by S.I. 2015/820, reg. 3(a)