Crime and Policing Act 2026

Section 189(1)

Schedule 21 U.K. Confiscation orders: England and Wales

Part 1 E+W The principal objective

1 (1) The Proceeds of Crime Act 2002 is amended as follows. E+W

(2) At the beginning of Part 2 insert—

“Exercise of powers: general E+W

5A The principal objective

(1) This section applies to any power conferred by or under this Part on—

(a) a court;

(b) a prosecutor;

(c) a person who is an appropriate officer within the meaning given by section 41A(3) or 47A(1);

(d) any other person whose functions include the investigation of crime;

(e) a receiver appointed under section 48 or 50.

(2) The principal objective in exercising a power to which this section applies in relation to a defendant is to deprive the defendant of the defendant’s benefit from criminal conduct, so far as within the defendant’s means.

(3) The defendant’s means are to be taken to include any tainted gifts made by the defendant.

(4) A court or person must exercise any power to which this section applies in the way which the court or person considers is best calculated to further the principal objective.

(5) The duty under section 2A(1) does not apply to the exercise by a relevant authority of a power to which this section applies if and to the extent that exercising the power in compliance with that duty would be inconsistent with doing so in compliance with the duty under subsection (4).

(6) In subsection (5) “relevant authority” has the meaning given by section 2A(2).”

(3) In the italic heading before section 69, after “of” insert “specific”.

(4) In section 69 (powers of court and receiver etc)—

(a) in the heading, at the beginning insert “Specific”;

(b) in subsection (3), in the words before paragraph (a), after “subject to” insert “the principal objective (see section 5A) and”.

Commencement Information

I1 Sch. 21 para. 1 not in force at Royal Assent, see s. 255(1)

I2 Sch. 21 para. 1 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Part 2 E+W Criminal lifestyle

Prosecutor’s discretion E+W

2 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 6(4) (making of order: criminal lifestyle and conduct)—

(a) in paragraph (a), at the beginning insert “if asked to do so by the prosecutor”;

(b) in paragraph (b), after “if” insert “(pursuant to paragraph (a))”;

(c) in paragraph (c), at the beginning insert “if it is not asked to decide whether the defendant has a criminal lifestyle or”.

(3) In section 16 (statement of information)—

(a) after subsection (2) insert—

“(2A) The statement of information must indicate whether or not the case is one in which the court is asked to decide whether the defendant has a criminal lifestyle (see section 6(4)).”;

(b) in subsection (3), for “prosecutor believes”, in the first place it occurs, substitute “case is one in which the court is asked to decide whether”;

(c) in subsection (5), for “prosecutor does not believe” substitute “case is one in which the court is not asked to decide whether”.

(4) In section 20(2) (no order made: reconsideration of benefit)—

(a) omit “has decided that”;

(b) in paragraph (a), for “the defendant has a criminal lifestyle but” substitute “has decided under section 6(4)(b) that the defendant”;

(c) in paragraph (b), for “the defendant does not have a criminal lifestyle and” substitute “has decided under section 6(4)(c) that the defendant”.

Commencement Information

I3 Sch. 21 para. 2 not in force at Royal Assent, see s. 255(1)

I4 Sch. 21 para. 2 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

The serious risk of injustice test E+W

3 In section 10 of the Proceeds of Crime Act 2002 (assumptions to be made in case of criminal lifestyle), after subsection (6) insert—

“(6A) In determining whether there would be a serious risk of injustice if a required assumption were made in relation to particular property or expenditure, the court must consider all the circumstances of the case and must, in particular, give the appropriate weight to—

(a) any evidence about the serious risk of injustice that has been made available to it, and

(b) any explanation given by the defendant for being unable to provide evidence that would have shown the assumption to be incorrect.”

Commencement Information

I5 Sch. 21 para. 3 not in force at Royal Assent, see s. 255(1)

I6 Sch. 21 para. 3 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Cases in which defendant has a criminal lifestyle E+W

4 (1) Section 75 of the Proceeds of Crime Act 2002 (criminal lifestyle) is amended as follows.

(2) In subsection (3)—

(a) after “benefited”, in the first place it occurs, insert “, or intended to benefit,”;

(b) in paragraph (a)—

(i) for “three”, in both places it occurs, substitute “two”;

(ii) after “benefited” insert “or intended to benefit”;

(c) in paragraph (b), after “benefited” insert “or intended to benefit”.

(3) The amendments made by sub-paragraph (2)(a), (b)(ii) and (c) do not apply in relation to conduct that took place wholly or partly before the date on which those provisions come into force.

Commencement Information

I7 Sch. 21 para. 4 not in force at Royal Assent, see s. 255(1)

I8 Sch. 21 para. 4 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Criminal lifestyle offences E+W

5 (1) Schedule 2 to the Proceeds of Crime Act 2002 (criminal lifestyle offences) is amended as follows.

(2) In paragraph 8(1) (offences in connection with brothels), after “section 33” insert “, 33A”.

(3) After paragraph 9B insert—

Environmental offences

9C (1) An offence under section 33(1)(a) of the Environmental Protection Act 1990 (depositing, or causing or permitting the deposit of, certain waste, otherwise than in accordance with an environmental permit).

(2) An offence under regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (operating a regulated facility, or causing or knowingly permitting a water discharge activity or groundwater activity, otherwise than in accordance with an environmental permit).”

(4) An amendment made by sub-paragraph (2) or (3) does not apply in relation to an offence committed wholly or partly before the coming into force of the sub-paragraph in question.

Commencement Information

I9 Sch. 21 para. 5 not in force at Royal Assent, see s. 255(1)

I10 Sch. 21 para. 5 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Part 3 E+W Provisions concerning amount to be paid under confiscation order

Prospective

Recoverable amount E+W

6 (1) Section 7 of the Proceeds of Crime Act 2002 (recoverable amount) is amended in accordance with sub-paragraphs (2) and (3).

(2) In subsection (2), for “shows” substitute “proves or the court is otherwise satisfied”.

(3) In subsection (4)—

(a) in the words before paragraph (a), omit “for the purposes of subsection (1),”;

(b) before paragraph (a) insert—

“(za) any property in respect of which an order falling within section 13(3)(b), (c) or (d) was made before the court proceeded under section 6 (see section 15A(2)(c)),”;

(c) omit the “and” at the end of paragraph (c);

(d) at the end insert—

“(e) any property that has been restored to a victim of the conduct concerned, or any other person entitled to recover it,

(f) any property that has been handed over to an appropriate officer within the meaning given by section 41A(3) or 47A(1),

(g) any property that, having been seized under a power conferred by or by virtue of—

(i) a warrant granted under any enactment or rule of law, or

(ii) any enactment, or rule of law, under which the authority of a warrant is not required,

has not subsequently been released, and

(h) any amount paid by the defendant by way of compensation in connection with the conduct concerned to any victim of the conduct in respect of loss, injury or damage sustained by the victim.”

(4) In section 21 of that Act (order made: reconsideration of benefit)—

(a) for subsection (1)(b) substitute—

“(b) either or both of the conditions mentioned in subsection (1A) are met,”;

(b) after subsection (1) insert—

“(1A) The conditions are that—

(a) there is evidence which was not available to the prosecutor at the relevant time;

(b) there is property that—

(i) but for section 7(4)(g) (seized property), would have been taken into account in calculating the relevant amount, and

(ii) has been released to the defendant since the relevant time.”

Commencement Information

I11 Sch. 21 para. 6 not in force at Royal Assent, see s. 255(1)

Hidden property E+W

7 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 9(1) (available amount)—

(a) omit the “and” at the end of paragraph (a);

(b) at the end of paragraph (b) insert “, and

(c) any amount determined under section 9A (value of hidden property).”

(3) After that section insert—

“9A Hidden property

(1) This section applies where it appears to a court calculating the available amount that—

(a) the defendant’s benefit from the conduct concerned exceeds the total of the values (as at the time the confiscation order is made) of—

(i) all the free property then held by the defendant, and

(ii) all tainted gifts, and

(b) some or all of that excess is a result of property having been hidden by or on behalf of the defendant.

(2) The court must determine the total value of the property that the court considers has been hidden by or on behalf of the defendant.

(3) When making a determination under this section the court must, in particular, consider the extent to which there are other circumstances that may account for the excess mentioned in subsection (1)(b), for example—

(a) expenditure incurred by the defendant which has or may have been met from the defendant’s benefit from the conduct concerned;

(b) changes in the value of the property held by the defendant.”

(4) In section 21 (order made: reconsideration of benefit), in subsection (8)(b), for “section 9” substitute “sections 9 and 9A”.

(5) In section 22 (order made: reconsideration of available amount), in subsection (3), for “section 9” substitute “sections 9 and 9A”.

(6) In section 23 (inadequacy of available amount: variation of order), in subsection (2), for “section 9” substitute “sections 9 and 9A”.

Commencement Information

I12 Sch. 21 para. 7 not in force at Royal Assent, see s. 255(1)

I13 Sch. 21 para. 7 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Tainted gifts E+W

8 In section 77 of the Proceeds of Crime Act 2002 (tainted gifts), for subsection (5) substitute—

“(5) A gift is tainted if it was made by the defendant—

(a) at any time after the commission of the offence concerned, or

(b) if the defendant’s particular criminal conduct consists of two or more offences and they were committed at different times, at any time after the commission of the earliest of the offences.”

Commencement Information

I14 Sch. 21 para. 8 not in force at Royal Assent, see s. 255(1)

I15 Sch. 21 para. 8 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Benefit E+W

9 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 76 (conduct and benefit), after subsection (7) insert—

“(8) But in a case where—

(a) the person—

(i) intended to have only a limited power to control or dispose of all or part of the property,

(ii) held the property temporarily, or

(iii) is treated as obtaining the property as a result of section 84(3), and

(b) the court believes that the amount found under subsection (7) in relation to the property would produce a result that would be unjust,

the court may reduce that amount to such amount (including zero) as the court believes is just.”

(3) In section 84 (property: general provisions)—

(a) in subsection (2)(b), at the end insert “(and see subsection (3))”;

(b) after subsection (2) insert—

“(3) If, as a result of or in connection with conduct, a person keeps property that the person already has, where the court believes it just to do so the person is to be treated as obtaining the property as a result of or in connection with the conduct.”

Commencement Information

I16 Sch. 21 para. 9 not in force at Royal Assent, see s. 255(1)

I17 Sch. 21 para. 9 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Value of property obtained E+W

10 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 79(5) (value: the basic rule), after “80” insert “, 80A”.

(3) In section 80 (value of property obtained from conduct), after subsection (4) insert—

“(5) If only a proportion of the property was obtained by the person as a result of or in connection with the person’s criminal conduct, only that proportion is to be taken into account for the purposes of subsections (2) to (4).

(6) This section does not apply in a case where section 80A applies.”

(4) After that section insert—

“80A Mortgages

(1) This section applies if—

(a) a person uses a loan obtained as a result of or in connection with the person’s criminal conduct to purchase an interest in land,

(b) the loan is secured by a mortgage over the interest in land, and

(c) the interest in land has increased in value during the loan period.

(2) The value, at the material time, of the property obtained as a result of or in connection with the person’s criminal conduct is to be taken to be the amount found using the following formula—

where—

• A is the amount of the loan;

• B is the value of the interest in land at the time it was purchased;

• C is the amount by which the interest in land has increased in value between that time and the end of the loan period.

(3) The value of the interest in land at the beginning and end of the loan period is to be found in accordance with section 79.

(4) If the loan period ends before the material time, the amount found under subsection (2) is to be adjusted to take account of changes in the value of money between the end of the loan period and the material time.

(5) In this section—

• “the loan period” is the period between the time when the loan is obtained and the earlier of—

  (a)

  the time when the principal, and any interest due, is repaid, and

  (b)

  the material time;

• “the material time” is the time the court makes its decision.”

Commencement Information

I18 Sch. 21 para. 10 not in force at Royal Assent, see s. 255(1)

I19 Sch. 21 para. 10 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Value of property sold or destroyed E+W

11 (1) Section 80 of the Proceeds of Crime Act 2002 (value of property obtained from conduct) is amended as follows.

(2) In subsection (2), at the beginning insert “Except where subsection (3A) or (3B) applies,”.

(3) After subsection (3) insert—

“(3A) Where the person no longer holds the property obtained because it has been sold, the value of the property at the material time is the greater of the following—

(a) the proceeds of the sale, adjusted to take account of later changes in the value of money;

(b) the value (immediately before the sale) of the property, adjusted to take account of later changes in the value of money.

(3B) Where the person no longer holds the property obtained because it has been destroyed by virtue of a court order under section 51(2)(e) or section 67AA (orders for destruction of cryptoassets), the value of the property at the material time is the market value of the property as set out in the court order, adjusted to take account of later changes in the value of money.

(3C) For the purposes of subsection (3A)(a), if the proceeds of the sale are in a currency other than sterling, they must be taken to be the sterling equivalent calculated in accordance with the rate of exchange prevailing at the end of the day of the sale.”

(4) In subsection (4), after “(2)(a) and (b)” insert “and subsection (3A)(b)”.

Commencement Information

I20 Sch. 21 para. 11 not in force at Royal Assent, see s. 255(1)

I21 Sch. 21 para. 11 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Part 4 E+W Priority orders

Priority orders E+W

12 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 13 (effect of confiscation order on court’s other powers), for subsections (5) and (6) substitute—

“(5) Where a court makes a confiscation order or priority order the effect of which is that subsection (6) applies, the court making that order must also make a priority payment direction.

(6) This subsection applies if, in the same proceedings (see section 85 for the meaning of “proceedings”) the following are made against the same person—

(a) a confiscation order, and

(b) one or more priority orders.

(7) A “priority payment direction” is a direction that any amount payable under the priority order (or orders) that remains unpaid when any sum is recovered under the confiscation order is to be paid out of that sum.”

(3) In section 19 (no order made: reconsideration of case), omit subsection (8).

(4) In section 20 (no order made: reconsideration of benefit), omit subsection (12).

(5) In section 21 (order made: reconsideration of benefit)—

(a) in subsection (9), omit paragraphs (c), (ca) and (d);

(b) omit subsection (10).

(6) In section 22 (order made: reconsideration of available amount)—

(a) in subsection (5), omit paragraphs (c) and (d);

(b) omit subsection (6).

(7) In section 55 (sums received by designated officer), for subsection (5) substitute—

“(5) If a priority payment direction was made under section 13(5), the designated officer must next apply the sums in payment of any amounts payable under the priority order (or orders) that remain unpaid.

(5A) In a case in which there is more than one priority order the sums are to be applied in the order in which the priority orders were made, starting with the earliest of them.”

Commencement Information

I22 Sch. 21 para. 12 not in force at Royal Assent, see s. 255(1)

I23 Sch. 21 para. 12 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Part 5 E+W Compensation directions

Compensation directions E+W

13 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) After section 22 insert—

“22A Increased available amount: compensation directions

(1) This section applies where under section 22(4) a court varies a confiscation order so as to increase the amount required to be paid under the order.

(2) The court may make a supplementary compensation direction if—

(a) a compensation order has been made against the defendant in respect of the offence (or any of the offences) concerned, and

(b) at the time the compensation order was made, the amount of the compensatable loss that had been sustained by the person in whose favour it was made was greater than the amount required to be paid by the compensation order.

(3) A supplementary compensation direction is a direction that so much of the amount recovered under the confiscation order as the court considers appropriate is to be paid to the person in whose favour the compensation order was made.

(4) That amount must not exceed the difference between—

(a) the amount of the compensatable loss that had been sustained by the person at the time the compensation order was made, and

(b) the amount required to be paid to the person by the compensation order,

or so much of that difference as remains unpaid.

(5) If the amount mentioned in subsection (4)(a) exceeds any applicable maximum amount, subsection (4) applies as if the amount in subsection (4)(a) were the applicable maximum amount.

(6) The court may make a compensation direction if—

(a) at the time the confiscation order was made, a person was known to the court to have sustained compensatable loss as a result of the offence (or any of the offences) concerned, but

(b) a compensation order has not been made against the defendant in respect of that compensatable loss.

(7) A compensation direction is a direction that so much of the amount recovered under the confiscation order as the court considers appropriate is to be paid to the person mentioned in subsection (6)(a).

(8) That amount must not exceed—

(a) the amount of the compensatable loss that had been sustained by the person as a result of the offence (or any of the offences) concerned at the time the confiscation order was made, or

(b) so much of that amount as remains unpaid.

(9) If the amount mentioned in subsection (8)(a) exceeds any applicable maximum amount, subsection (8) applies as if the amount in subsection (8)(a) were the applicable maximum amount.

(10) In this section—

• “applicable maximum amount” means the maximum amount of compensation (if any) that a compensation order made against the defendant in respect of the offence (or offences) concerned could have required the defendant to pay;

• “compensatable loss” means personal injury, loss or damage of a kind in respect of which a compensation order could have been made;

• “compensation order” means an order under—

  (a)

  section 130 of the Powers of Criminal Courts (Sentencing) Act 2000, or

  (b)

  Chapter 2 of Part 7 of the Sentencing Code.”

(3) In section 55 (sums received by designated officer) after subsection (5A) (inserted by paragraph 12(7)) insert—

“(5B) If under section 22A (compensation directions) a direction was made for an amount to be paid to a person, the designated officer must next apply the sums in payment of that amount.”

Commencement Information

I24 Sch. 21 para. 13 not in force at Royal Assent, see s. 255(1)

I25 Sch. 21 para. 13 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Part 6 E+W Procedural matters

Timing of confiscation proceedings and effect on sentencing E+W

14 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) Before section 16 insert—

“15A Timing of confiscation proceedings and effect on sentencing

(1) This section applies where the court sentences the defendant for the offence (or any of the offences) concerned before it proceeds under section 6.

(2) In sentencing the defendant for the offence (or any of the offences) concerned the court must not—

(a) impose a fine on the defendant,

(b) make an order falling within section 13(3)(a),

(c) make an order falling within section 13(3)(b), (c) or (d) other than any such order made in respect of property that has little or no market value at the time of sentencing,

(d) make an order for the payment of compensation under Chapter 2 of Part 7 of the Sentencing Code,

(e) make an order for the payment of a surcharge under section 42 of that Code, or

(f) make an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

(3) The court must draw up a timetable for the proceedings under section 6 before the end of the hearing at which it sentences the defendant for the offence (or, where there is more than one, the last offence) concerned.

(4) The court may revise a timetable drawn up under subsection (3).

(5) Section 6 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned.

(6) The court may, after the conclusion of the proceedings under section 6, vary the sentence by—

(a) imposing a fine on the defendant,

(b) making an order falling within section 13(3),

(c) making an order for the payment of compensation under Chapter 2 of Part 7 of the Sentencing Code,

(d) making an order for the payment of a surcharge under section 42 of that Code, or

(e) making an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

(7) But the court may proceed under subsection (6) only within the period of 56 days beginning with the day on which the court—

(a) makes a confiscation order under section 6, or

(b) decides not to make such an order.

(8) For the purposes of—

(a) section 18(2) of the Criminal Appeal Act 1968 (time limit for notice of appeal or of application for leave to appeal), and

(b) paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of application for leave to refer a case under section 36 of that Act),

the sentence must be regarded as imposed or made on the day on which it is varied under subsection (6).”

(3) Omit sections 14 and 15 (postponement of confiscation proceedings).

Commencement Information

I26 Sch. 21 para. 14 not in force at Royal Assent, see s. 255(1)

I27 Sch. 21 para. 14 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Early resolution meeting E+W

15 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 6, after subsection (7) insert—

“(7A) But the court may, if it believes it is appropriate to do so, decide any question arising under subsection (4) or (5) in accordance with an agreement reached by the prosecutor and defendant at an EROC meeting as mentioned in section 15B(3)(a).”

(3) After section 15A insert—

“15B Early resolution meeting

(1) This section applies where—

(a) the Crown Court is proceeding under section 6, and

(b) the court directs that an early resolution of confiscation meeting (an “EROC meeting”) is to be held.

(2) Before the court proceeds as mentioned in subsection (4) of section 6 (making of order) the prosecutor and the defendant (or the defendant’s legal representative) must attend an EROC meeting.

(3) An EROC meeting is a meeting held with a view to the prosecutor and defendant—

(a) reaching agreement on the question whether a confiscation order is required to be made against the defendant and, if so, on the amount required to be paid by the defendant under the confiscation order, or

(b) in a case where agreement as mentioned in paragraph (a) is not reached, identifying the questions to be decided by the court in proceeding under section 6 on which they disagree.

(4) A direction under subsection (1)(b)—

(a) may be given by the court on application by the prosecutor or of its own motion;

(b) may require or permit the attendance at an EROC meeting of—

(i) any person who it appears to the court holds, or may hold, an interest in key property;

(ii) an accredited financial investigator;

(iii) any other person that the court considers appropriate.

(5) A direction under subsection (1)(b) may be varied or revoked by the court on application by the prosecutor or of its own motion.

(6) Key property is property held by the defendant that the court believes will need to be realised or otherwise used to satisfy any confiscation order that may be made.

15C Early resolution hearing

(1) Following an EROC meeting, the court must hold an EROC hearing if—

(a) the prosecutor and defendant did not reach agreement as mentioned in section 15B(3)(a), or

(b) the prosecutor and defendant did reach agreement, but the court decided not to make a confiscation order under section 6 requiring the defendant to pay the amount agreed.

(2) An “EROC hearing” is a hearing for the court to consider the next steps in the section 6 proceedings.

(3) In this section “EROC meeting” has the meaning given by section 15B.”

Commencement Information

I28 Sch. 21 para. 15 not in force at Royal Assent, see s. 255(1)

I29 Sch. 21 para. 15 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Part 7 E+W Reconsideration and provisional discharge

Order made: reconsideration E+W

16 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) After section 21 insert—

“21A Order made: reconsideration of benefit on decrease in value and sale etc

(1) This section applies if—

(a) a court has made a confiscation order,

(b) there is relevant property,

(c) an application to proceed under this section is made to the Crown Court by—

(i) the prosecutor,

(ii) a receiver appointed under section 50, or

(iii) the designated officer for a magistrates’ court, and

(d) the applicant believes that if the court were to make a new calculation of the defendant’s benefit and in doing so applied section 21(3) to (6), the amount found would not exceed the amount that would be found if the court were to make a new calculation of the defendant’s benefit under subsection (4).

(2) For the purposes of this section, property is “relevant property” if the property was obtained by the defendant as a result of or in connection with the conduct concerned and—

(a) it was held by the defendant when the relevant amount was calculated, but

(b) it is no longer held by the defendant because it has been—

(i) sold, or

(ii) destroyed by virtue of a court order under section 51(2)(e) or section 67AA (orders for the destruction of cryptoassets).

(3) In a case where this section applies, the court must determine whether A is less than B, where—

• “A” is the total of the values of all relevant property as decided in accordance with section 80(3A) or (3B) (as appropriate), and

• “B” is the total of the values at which that property was taken into account when the relevant amount was calculated, adjusted to take account of changes in the value of money since it was calculated.

(4) If A is less than B, the court must make a new calculation of the defendant’s benefit by—

(a) adjusting the relevant amount to take account of changes in the value of money since it was calculated, and

(b) deducting from that adjusted amount the amount by which A is less than B.

(5) Subsection (6) applies where—

(a) the court makes a new calculation of the defendant’s benefit under subsection (4), and

(b) the court determines that C is less than D, where—

• “C” is the amount that, if it was adjusted to take account of changes in the value of money since the amount required to be paid was last determined, would give the amount found under the new calculation of the defendant’s benefit, and

• “D” is the amount required to be paid under the order.

(6) The court must vary the order by substituting C for the amount required to be paid.

(7) The variation of the order under subsection (6) does not—

(a) affect the defendant’s liability to pay any interest which was payable under section 12 for a period before the variation of the order but which had not been paid at the time of the variation, or

(b) give rise to any obligation to refund any amount already paid by the defendant under the order.

(8) The relevant amount is—

(a) the amount found as the defendant’s benefit for the purposes of the confiscation order, or

(b) if one or more new calculations of the defendant’s benefit have been made under section 21 or this section, the amount found on the occasion of the last such calculation.”

(3) In section 21 (order made: reconsideration of benefit)—

(a) after subsection (11) insert—

“(11A) Section 11 applies in relation to a confiscation order when it is varied under this section as it applies in relation to a confiscation order when it is made (reading references to the making of the order as references to the varying of the order and references to the day on which the order is made as references to the day on which the order is varied).

(11B) Where section 12 applies in relation to a confiscation order that has been varied under this section, the reference in section 12(3)(c) to the day on which the order was made is to be read as a reference to the day on which the order was varied.”;

(b) in subsection (13)—

(i) in paragraph (a), for “if this section has not applied previously;” substitute “or”;

(ii) for paragraph (b) substitute—

“(b) if one or more new calculations of the defendant’s benefit have been made under this section or section 21A, the amount found on the occasion of the last such calculation.”

(4) In section 22 (order made: reconsideration of available amount)—

(a) after subsection (7) insert—

“(7A) Section 11 applies in relation to a confiscation order when it is varied under this section as it applies in relation to a confiscation order when it is made (reading references to the making of the order as references to the varying of the order and references to the day on which the order is made as references to the day on which the order is varied).

(7B) Where section 12 applies in relation to a confiscation order that has been varied under this section, the reference in section 12(3)(c) to the day on which the order was made is to be read as a reference to the day on which the order was varied.”;

(b) in subsection (9), in paragraph (b), after “section 21” insert “or 21A,”.

(5) In section 39 (reconsideration etc: variation of prison term), in subsection (1)(a), after “21,” insert “21A,”.

Commencement Information

I30 Sch. 21 para. 16 not in force at Royal Assent, see s. 255(1)

I31 Sch. 21 para. 16 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Prospective

Provisional discharge of confiscation order E+W

17 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) For sections 24 and 25 substitute—

“24A Provisional discharge of order

(1) This section applies if—

(a) a court has made a confiscation order, and

(b) the relevant two-year period has ended.

(2) The Crown Court may, of its own motion or on an application made by a person listed in subsection (3), discharge the confiscation order on a provisional basis if the court considers that it is in the interests of justice to do so.

(3) The persons are—

(a) the prosecutor;

(b) the designated officer for a magistrates’ court;

(c) a receiver appointed under section 50.

(4) In deciding whether it is in the interests of justice to discharge a confiscation order on a provisional basis the court must, in particular, take into account—

(a) any amount that the defendant has already paid under the confiscation order;

(b) the extent to which the amount that remains to be paid under the order represents interest payable under section 12;

(c) any steps that have already been taken in relation to the enforcement of the order;

(d) the extent to which there are reasonable steps (or further reasonable steps) that could be taken in relation to the enforcement of the order;

(e) the amount that the court considers would be recovered if all such reasonable steps (or further reasonable steps) were to be taken.

(5) The court may discharge a confiscation order on a provisional basis even though the court does not consider that doing so is best calculated to further the principal objective (see section 5A(4)).

(6) Where an application under this section is refused, a further application in relation to the confiscation order concerned may only be made—

(a) after the end of the period of two years beginning with the date of the refusal, or

(b) before the end of that period, with the leave of the court.

(7) There is no right of appeal against a decision of the court under this section to discharge, or not to discharge, a confiscation order on a provisional basis.

(8) In subsection (1), the “relevant two-year period” means the period of two years beginning with—

(a) the day on which the confiscation order was made, or

(b) in a case where the order has been varied under this Part, the day on which the order was varied.

24B Effect of provisional discharge and revocation of discharge

(1) This section applies where a confiscation order has been discharged under section 24A on a provisional basis.

(2) The order is to be treated as satisfied subject to the rest of this section.

(3) The provisional discharge of the order does not prevent the making of an application in respect of the order under section 21, 21A, 22 or 23.

(4) Where, on an application under any of those provisions, the court varies the order, the court may also revoke the provisional discharge of the order.

(5) The Crown Court may, on an application made by a person listed in subsection (6), revoke the provisional discharge of the order if the court considers that it is in the interests of justice to do so.

(6) The persons are—

(a) the prosecutor;

(b) a receiver appointed under section 50.

(7) In deciding whether it is in the interests of justice to revoke the provisional discharge of a confiscation order the court must, in particular, take into account the matters listed in section 24A(4).

(8) Where the court revokes the provisional discharge of a confiscation order under this section—

(a) the order is, from the time of the revocation, no longer to be treated as satisfied, and

(b) accordingly—

(i) from that time the proceedings against the defendant are to be treated as not having been concluded (see section 85(5)(a)), and

(ii) any interest which was payable under section 12 for a period before the provisional discharge of the order but which had not been paid at the time of the provisional discharge becomes payable.

(9) Where the court revokes the provisional discharge of an order under subsection (5), section 11 applies in relation to any part of the amount ordered to be paid under the order that had not been paid when the order was provisionally discharged as it applies in relation to the full amount ordered to be paid under a confiscation order when it is made.

(10) Where section 11 applies as mentioned in subsection (9), references in that section to the making of the order are to be read as references to the revocation of the provisional discharge of the order and references to the day on which the order is made as references to the day on which the provisional discharge of the order is revoked.

(11) Where section 12 applies in relation to a confiscation order following the revocation of a provisional discharge of the order under subsection (5), the reference in section 12(3)(c) to the day on which the order was made is to be read as a reference to the day on which the provisional discharge of the order was revoked.

(12) There is no right of appeal against a decision of the court under this section to revoke, or not to revoke, the provisional discharge of a confiscation order.

24C Financial status orders

(1) This section applies where—

(a) the Crown Court has decided of its own motion to consider whether to discharge a confiscation order on a provisional basis,

(b) an application has been made under section 24A or 24B, or

(c) the court has discharged a confiscation order on a provisional basis and an application has been made under section 21, 21A, 22 or 23.

(2) The court may order the defendant to give the court, before the end of the period specified in the order—

(a) any information about the defendant’s assets and other financial circumstances, and

(b) any documentary or other evidence in support of that information,

that the court may require in connection with the exercise of its functions under section 24A or 24B.”

(3) In the italic heading before section 19, at the end insert “and discharge”.

Commencement Information

I32 Sch. 21 para. 17 not in force at Royal Assent, see s. 255(1)

Prospective

Part 8 U.K. Enforcement

Enforcement plans E+W

18 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) After section 13 insert—

“Measures to promote effectiveness of confiscation orders E+W

13ZA Enforcement plans

(1) This section applies where a court makes a confiscation order.

(2) On making the confiscation order, the court must also prepare an enforcement plan for the order if—

(a) there are reasonable grounds to believe that the defendant might default on the confiscation order for any reason, or

(b) the court otherwise believes it is appropriate to do so for the purpose of ensuring that the confiscation order is effective.

(3) An enforcement plan for a confiscation order is a document setting out drafts of one or more orders that the court considers the enforcing court could make in the event that the defendant defaults on the confiscation order.

(For the meaning of “the enforcing court” see section 35D.)

(4) For the purposes of this section and section 13ZB—

(a) the defendant defaults on a confiscation order if the defendant fails to pay the amount required to be paid under the order on or before the due date;

(b) the “due date”, in relation to a confiscation order, means—

(i) in a case where no period is specified under section 11(2), the day on which the confiscation order is made, or

(ii) in a case where one or more periods is so specified, the final day of the specified period that ends last (including any such period as extended under section 11(4)).

(5) Where the court making the confiscation order is the Court of Appeal (see section 67E(5)(b)(i) (appeals)), on making the order the Court of Appeal may direct that the Crown Court is to carry out the duties under this section as if the Crown Court had made the order.

13ZB Enforcement plan: initial enforcement hearing

(1) This section applies where an enforcement plan is prepared for a confiscation order.

(2) The enforcing court must set a date for a hearing to take place in the event that the defendant defaults on the confiscation order, and that date must be the first date then available to the court after the due date.

(See section 35D for the meaning of “the enforcing court” and section 35F for provision about this hearing.)

(3) If an order is made under section 11(4) as a result of which the due date in relation to the confiscation order changes, the enforcing court must reset the date for the hearing to the first date then available to the enforcing court after the new due date.

(4) If the enforcing court is a magistrates’ court, the duties under this section are to be carried out by the magistrates’ court mentioned in section 35J(2).”

(3) In section 13A (compliance orders), in subsection (1) at the end insert “(whether or not the court also prepares an enforcement plan under section 13ZA)”.

Commencement Information

I33 Sch. 21 para. 18 not in force at Royal Assent, see s. 255(1)

The default term and the powers of the enforcing court E+W

19 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In the italic heading before section 35, for “as fines etc” substitute “: general”.

(3) For section 35 (enforcement as fines) substitute—

“35A Default term of imprisonment or detention

(1) This section applies if a court makes a confiscation order.

(2) The court must also make an order fixing a term (the “default term”)—

(a) of imprisonment, or

(b) of detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000,

which the defendant is to undergo if any of the amount required to be paid under the confiscation order is not duly paid.

(3) Where a court is fixing the default term in respect of an amount required 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.

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

(4) The defendant may not be committed to prison, or detained, by virtue of an order under subsection (2) on the same occasion as the confiscation order is made unless—

(a) the court is satisfied that the defendant is able to pay the amount on that occasion,

(b) the court is satisfied that the defendant is unlikely to remain long enough at a place of abode in the United Kingdom to enable payment of the amount to be enforced by other methods,

(c) on that occasion the court sentences the defendant to immediate imprisonment, custody for life or detention in a young offender institution for an offence, or

(d) the defendant is already serving a sentence of custody for life or a term—

(i) of imprisonment,

(ii) of detention in a young offender institution, or

(iii) of detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention in default).

(5) The Secretary of State may by order amend the Table in subsection (3) so as to remove, alter or replace any entry or to add any entry.

35B Effect of part payment on the default term

(1) This section applies where, after a default term has been fixed under section 35A(2) in respect of an amount required to be paid under a confiscation order, the defendant pays part of that amount in accordance with rules of court.

(2) The default term is reduced by the number of days found using the following formula—

where—

• A is the amount of the part payment;

• B is the amount that was required to be paid under the order at the time that the default term was fixed;

• C is the number of days in the default term that was fixed under section 35A(2) less one day.

(3) In calculating the reduction required under subsection (2) any fraction of a day is to be left out of account.

35C Release from custody on full payment

(1) Subsection (2) applies where—

(a) a default term has been fixed under section 35A(2) in respect of an amount required to be paid under a confiscation order, and

(b) the defendant pays that amount.

(2) Where this subsection applies—

(a) any warrant of commitment issued for the purpose of recovering the amount ceases to have effect, and

(b) if the defendant has been committed to custody, the defendant is to be released unless the defendant is in custody for some other cause.

35D The enforcing court

(1) This section applies if a court makes a confiscation order.

(2) On making the confiscation order, the court must make an order specifying whether the Crown Court or a magistrates’ court is the enforcing court in relation to the confiscation order.

(3) Where—

(a) an order has been made under subsection (2) specifying that a magistrates’ court is the enforcing court in relation to a confiscation order, and

(b) a period has been specified under section 11(2) (specified period for payment) in relation to the confiscation order,

a magistrates’ court may, at any time on or before the final day of the specified period, order that the Crown Court is instead the enforcing court in relation to the confiscation order.

(4) The reference in subsection (3) to the period specified under section 11(2)—

(a) includes any such period as extended under section 11(4), and

(b) where more than one such period has been specified, is a reference to the period that ends last.

(5) Where an order has been made under subsection (2) or (3) specifying that the Crown Court is the enforcing court in relation to a confiscation order, the Crown Court may, at any time, order that a magistrates’ court is instead the enforcing court in relation to the confiscation order.

(6) A court may make an order under subsection (3) or (5) only if it considers it appropriate to do so for the purpose of securing the efficient and effective enforcement of a confiscation order.

(7) An order under subsection (3) or (5) may include an order transferring enforcement proceedings to the Crown Court or, as the case may be, to the magistrates’ court specified in the order.

(8) The defendant has no right of appeal against an order under this section.

(9) If—

(a) a collection order has been made under Schedule 5 to the Courts Act 2003 in respect of the sum required to be paid under a confiscation order, and

(b) after the making of the collection order, an order is made under subsection (3) in relation to the confiscation order,

the collection order ceases to have effect.

(10) In this section “enforcement proceedings” means any proceedings in connection with the enforcement of a confiscation order.

(11) For the purposes of this Part (other than this section), “the enforcing court”, in relation to a confiscation order, means—

(a) the Crown Court in a case where—

(i) an order has been made under subsection (2) or (3) specifying that the Crown Court is the enforcing court in relation to the confiscation order, and

(ii) no order has subsequently been made under subsection (5);

(b) a magistrates’ court in any other case.

35E Power for new enforcing court to vary enforcement action taken by former enforcing court

(1) Subsection (2) applies if at any time—

(a) a magistrates’ court or the Crown Court becomes the enforcing court (“the new enforcing court”) in relation to a confiscation order as a result of an order made under section 35D(3) or (5),

(b) before that time the Crown Court or, as the case may be, a magistrates’ court took enforcement action under an enforcement power, and

(c) that action could have been taken by the new enforcing court under a corresponding enforcement power had the new enforcing court been the enforcing court in relation to the order at the time that the enforcement action was taken.

(2) The new enforcing court may exercise one or more of its enforcement powers to vary or revoke the enforcement action in the same way that it could have exercised such a power had the enforcement action been taken by that court.

(3) In this section—

(a) references to taking enforcement action mean making an order, issuing a direction, warrant or summons, imposing conditions or taking any other action under an enforcement power;

(b) “enforcement power” means any power which may be exercised by a court in connection with the enforcement of a confiscation order.

35F Confiscation order with enforcement plan: initial enforcement hearing

(1) This section applies where—

(a) a court has prepared an enforcement plan for a confiscation order (see section 13ZA), and

(b) the defendant defaults on the confiscation order (within the meaning given by section 13ZA(4)).

(2) If the condition in subsection (4) is met the enforcing court must, at the initial enforcement hearing, make an order or orders in the terms that were set out in draft in the enforcement plan (the “initial enforcement orders”).

(3) If that condition is not met the enforcing court must, at that hearing, consider what other steps to take for the purposes of enforcing the confiscation order.

(4) The condition is that the enforcing court believes that—

(a) the proceeds of the realisation of property pursuant to the initial enforcement orders would be less than or equal to the amount remaining to be paid under the confiscation order, and

(b) the interests of justice do not require any initial enforcement order not to be made.

(5) In this section “the initial enforcement hearing” means the hearing held pursuant to section 13ZB.

35G Power to compel defendant to attend court for enforcement purposes

(1) This section applies if a court has made a confiscation order.

(2) The enforcing court may, for any purpose in connection with the enforcement of the order—

(a) issue a summons requiring the defendant to appear before the court at the time and place appointed in the summons, or

(b) issue a warrant to arrest the defendant and bring them before the court.

(3) On the failure of the defendant to appear before the court in answer to a summons issued under subsection (2)(a), the enforcing court may issue a warrant to arrest them and bring them before the court.

(4) A warrant issued under this section may be executed in the same manner, and the same proceedings may be taken with a view to its execution, in any part of the United Kingdom, as if it had been issued under section 13 of the Magistrates’ Courts Act 1980.

35H Financial status orders

(1) This section applies if a court has made a confiscation order.

(2) The enforcing court may order the defendant to give the court, before the end of the period specified in the order—

(a) any information about the defendant’s assets and other financial circumstances, and

(b) any documentary or other evidence in support of that information,

that the court may require in connection with the enforcement of the confiscation order.

35I Confiscation assistance advisers

(1) This section applies if a court has made a confiscation order.

(2) The enforcing court may appoint any person the court thinks appropriate to advise and assist the defendant in satisfying the confiscation order.

(3) But a person may only be appointed under subsection (2) with the person’s consent.

Enforcement by magistrates’ courts E+W

35J Enforcement as a fine by magistrates’ court

(1) This section applies if—

(a) a court has made a confiscation order, and

(b) a magistrates’ court is for the time being the enforcing court (see section 35D).

(2) The amount required to be paid under the confiscation order is to be treated for the purposes of collection of any unpaid amount and enforcement of the order as a fine imposed on the defendant—

(a) by a magistrates’ court specified in an order made by the Crown Court, or

(b) if no such order is made, by the magistrates’ court by which the defendant was sent to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998,

and as having been so imposed on conviction by the magistrates’ court in question.

(3) Subsection (4) applies where a magistrates’ court issues a warrant of commitment in default of payment of an amount required to be paid by a confiscation order.

(4) The term of imprisonment, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000, specified in the warrant of commitment as the term which the defendant is liable to serve is to be—

(a) the default term fixed under section 35A(2), or

(b) if that term has been reduced under section 35B(2) (part payment), that term as so reduced.

(5) In the application of Part 3 of the Magistrates’ Courts Act 1980 to an amount payable under a confiscation order—

(a) ignore section 75 of that Act (power to dispense with immediate payment);

(b) ignore section 76(3) of that Act (maximum term of commitment);

(c) section 77(2) of that Act is to be read as if the words from “fix a term” to “for default) and” were omitted;

(d) ignore section 79 (release from custody and reduction of detention on payment);

(e) such an amount is not—

(i) a sum adjudged to be paid by a conviction for the purposes of section 81 of that Act (enforcement of fines imposed on young offenders), or

(ii) a fine for the purposes of section 85 of that Act (remission of fines);

(f) in section 87 of that Act, ignore—

(i) subsection (3) (inquiry into means), and

(ii) subsection (3A) (requirement for fines officer to conduct means inquiry before enforcement proceedings).

(6) Subsection (7) applies where, by virtue of section 118, a transfer of fine order under section 222 of the Criminal Procedure (Scotland) Act 1995 provides for the enforcement by a magistrates’ court in England and Wales of an amount ordered to be paid under a confiscation order.

(7) Section 91(3) of the Magistrates’ Courts Act 1980 is to be read as if for “fine fell to be enforced by virtue of section 132(1) of the Sentencing Code” there were substituted “confiscation order fell to be enforced by virtue of section 35J of the Proceeds of Crime Act 2002”.

(8) In this section, “unpaid amount”, in relation to a confiscation order, means an amount required to be paid by the defendant under the order that has not been paid when it is required to have been paid.

Enforcement by Crown Court: powers corresponding to those of magistrates’ courts E+W

35K Enforcement by Crown Court: general

(1) This section and sections 35L to 35R apply if—

(a) a court has made a confiscation order, and

(b) the Crown Court is for the time being the enforcing court in relation to the order (see section 35D).

(2) The amount required to be paid under the confiscation order is to be treated for the purposes of any enactment as if it were a sum adjudged to be paid by a conviction of the Crown Court.

(3) Payments under the confiscation order are to be made, except where provided otherwise by an enactment or court order, to the designated officer for the collecting magistrates’ court.

(4) For the purposes of this Part, “the collecting magistrates’ court”, in relation to a confiscation order, means—

(a) the magistrates’ court specified as the collecting magistrates’ court in the order made under section 35D(2) or (as the case may be) (3) in relation to the confiscation order, or

(b) if no such specification is made, the magistrates’ court by which the defendant was sent to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998.

(5) In sections 35L to 35R, “unpaid amount”, in relation to a confiscation order, means an amount required to be paid by the defendant under the order that has not been paid when it is required to have been paid.

35L Warrants of control

(1) The Crown Court may issue a warrant of control for the purpose of recovering any unpaid amount in relation to the confiscation order.

(2) The court may, if it thinks it expedient to do so, postpone the issue of the warrant until such time and on such conditions, if any, as the court thinks just.

35M Warrants of commitment

(1) The Crown Court may issue a warrant of commitment if the defendant defaults on the confiscation order (within the meaning given by section 13ZA(4)).

(2) But a warrant of commitment may be issued only—

(a) where it appears on the return to a warrant of control issued for the purpose of recovering the unpaid amount, that the money and goods of the defendant are insufficient to pay the amount outstanding, or

(b) instead of a warrant of control.

(3) The term of imprisonment, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000, specified in the warrant of commitment as the term which the defendant is liable to serve is to be—

(a) the default term fixed under section 35A(2), or

(b) if that term has been reduced under section 35B(2), that term as so reduced.

(4) In subsection (2)(a) “amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

35N Postponement of issue of warrant of commitment

(1) This section applies where the Crown Court has the power to issue a warrant of commitment under section 35M.

(2) The court may, if it thinks it expedient to do so, postpone the issue of the warrant until such time and on such conditions, if any, as the court thinks just.

(3) The court may at any time (and whether or not an application has been made under subsection (5)) do either or both of the following—

(a) direct that the issue of the warrant is postponed until a time different from that to which it was previously postponed;

(b) vary any of the conditions on which its issue is postponed,

but only if it thinks it just to do so having regard to a change of circumstances since the relevant time.

(4) In this section “the relevant time” means—

(a) where neither of the powers conferred by subsection (3) has been exercised previously, the date when the issue of the warrant was postponed under subsection (2), and

(b) in any other case, the date of the exercise or latest exercise of either or both of the powers.

(5) Subsections (6) to (8) apply if, on an application by the defendant, it appears to the Crown Court that since the relevant time there has been a change of circumstances which would make it just for the court to exercise one or other or both of the powers conferred by subsection (3).

(6) The court must—

(a) fix a time and place for the application to be heard, and

(b) give notice of that time and place to the defendant.

(7) Where notice under subsection (6)(b) has been given but the defendant does not appear at the time and place specified in the notice, the court may consider the application in the defendant’s absence.

(8) If a warrant of commitment has been issued before the hearing of the application, the court may, if it is satisfied that the change of circumstances on which the defendant relies was not put before the court when it was determining whether to issue the warrant—

(a) order that the warrant is to cease to have effect, and

(b) if the defendant has been arrested under it, order that the defendant is to be released.

35O Restriction on power to issue warrant of commitment

(1) This section applies in relation to the issue of a warrant of commitment under section 35M otherwise than on the occasion of the making of the confiscation order.

(2) The court may not issue the warrant unless—

(a) the defendant appears to the court to have sufficient means to pay the unpaid amount immediately, or

(b) the court—

(i) is satisfied that the default is due to the defendant’s wilful refusal or culpable neglect, and

(ii) has considered or tried the methods of enforcing payment listed in subsection (3) and it appears to the court that they are inappropriate or were unsuccessful.

(3) The methods of enforcing payment mentioned in subsection (2)(b)(ii) are—

(a) a warrant of control under section 35L;

(b) an application to the High Court or county court for enforcement under section 35Q;

(c) an attachment of earnings order.

(4) The warrant must specify which of the conditions in subsection (2) is satisfied.

(5) The court may not issue the warrant except at a hearing at which the defendant is present unless the court has served a notice on the defendant—

(a) stating—

(i) that the court intends to hold a hearing to consider whether to issue the warrant;

(ii) the time and place appointed for the hearing,

(b) giving the reason why the court intends to hold the hearing, and

(c) informing the defendant that, if the defendant considers that there are grounds why the warrant should not be issued, the defendant may make representations to the court in person or in writing.

(6) The court may exercise its powers in relation to the issue of the warrant whether or not the defendant makes representations.

(7) Subject to subsection (8), the time stated in the notice under subsection (5)(a)(ii) must not be earlier than the last day of the period of 21 days beginning with the day after the day on which the notice was issued.

(8) Where the notice under subsection (5) is issued at the same hearing as that at which the court exercises its power to postpone the issue of the warrant, the time stated in the notice may be a time on any day after the end of the period for which the issue of the warrant is postponed.

(9) A notice under subsection (5) which is sent by registered post, or by recorded delivery, addressed to the defendant at the defendant’s last known address is deemed to have been served on the defendant, even if the notice is returned as undelivered or is for any other reason not received by the defendant.

35P Execution of warrant issued by Crown Court under section 35L or 35M

(1) Section 125(2) of the Magistrates’ Courts Act 1980 (execution anywhere in England and Wales) applies in relation to a warrant of control or warrant of commitment issued by the Crown Court under section 35L or 35M as it applies in relation to a warrant of control or warrant of commitment issued by a justice of the peace.

(2) Section 125ZA of the Magistrates’ Courts Act 1980 (endorsement of warrant of control) applies in relation to a warrant of control issued by the Crown Court under section 35L as it applies in relation to a warrant of control issued by a justice of the peace.

(3) Section 125A(1) of the Magistrates’ Courts Act 1980 (enforcement by civilian enforcement officers) applies to a warrant of control or warrant of commitment issued by the Crown Court under section 35L or 35M.

(4) Accordingly, the following sections of the Magistrates’ Courts Act 1980 also apply in relation to a warrant of control or warrant of commitment issued by the Crown Court under section 35L or 35M—

(a) section 125B (execution by approved enforcement agency),

(b) section 125C (disclosure of information), and

(c) section 125D(1) and (4) (execution by person not in possession of warrant).

(5) In the application of section 125C of the Magistrates’ Courts Act 1980 to a warrant issued by the Crown Court under section 35L or 35M, the references to the designated officer for a magistrates’ court are to be read as references to the court.

(6) Section 125CA of the Magistrates’ Courts Act 1980 (power to make disclosure order) applies in relation to a warrant of control or warrant of commitment issued by the Crown Court under section 35L or 35M as it applies in relation to a warrant of control or warrant of commitment issued by a justice of the peace but—

(a) reading the reference in subsection (1) to a magistrates’ court as a reference to the Crown Court, and

(b) reading the reference in subsection (2) to the designated officer for the court as a reference to the court.

(7) Section 13 of the Indictable Offences Act 1848 (which relates, among other things, to the execution in Scotland, Northern Ireland, the Isle of Man and the Channel Islands of certain warrants of arrest) applies to a warrant of commitment issued under section 35M as it applies to a warrant issued in England and Wales by the Crown Court for an indictable offence.

35Q Enforcement by High Court or county court

(1) Payment of the amount required to be paid under the confiscation order may be enforced by the High Court or the county court (otherwise than by issue of a writ of control or other process against goods or by imprisonment or attachment of earnings) as if the amount were due to the appropriate designated officer in pursuance of a judgment or order of the High Court or, as the case may be, the county court.

(2) “Appropriate designated officer” means the designated officer for the collecting magistrates’ court (see section 35K(4)).

35R Transfer to Scotland or Northern Ireland

(1) Where it appears to the Crown Court that the defendant is residing—

(a) within the jurisdiction of a court of summary jurisdiction in Scotland, or

(b) in Northern Ireland,

the court may order that payment of the unpaid amount is enforceable by that court of summary jurisdiction in Scotland or, as the case may be, by a court of summary jurisdiction in Northern Ireland.

(2) An order under this section must specify the court of summary jurisdiction by which payment of the unpaid amount is to be enforceable.

(3) If the unpaid amount is more than £100 and payment is to be enforceable in Scotland, the court specified in the order must be the sheriff court.

(4) Where an order is made under this section with respect to an unpaid amount, functions under sections 35L to 35Q relating to that amount which, if no such order had been made, would have been exercisable by the Crown Court cease to be so exercisable.”

(4) In section 25A (recovery from estate of deceased defendant impractical: discharge of order)—

(a) in subsection (1)(c), at the beginning insert “in a case where the enforcing court is for the time being a magistrates’ court,”;

(b) in subsection (2), for “court”, the first time it appears, substitute “Crown Court”.

(5) Before section 38 insert—

“Provision about imprisonment or detention”

(6) In section 39 (reconsideration etc: variation of prison term)—

(a) in subsection (1)—

(i) in paragraph (b), for “35(2A)” substitute “35A(3)”;

(ii) in paragraph (c), for “129(3) of the Sentencing Code” substitute “35A(2)”;

(b) in subsections (2) and (4), for “129(3) of the Sentencing Code” substitute “35A(2)”;

(c) in subsection (5)—

(i) for “35(2A)” substitute “35A(3)”;

(ii) for “129(3) of that Code” substitute “35A(2)”.

(7) In section 54 (enforcement receivers), in subsection (7), for the words from “the one” to the end substitute “—

(a) in a case where the enforcing court is for the time being a magistrates’ court, the designated officer for the court;

(b) in a case where the enforcing court is for the time being the Crown Court, the designated officer for the collecting magistrates’ court (see section 35K(4)).”

(8) In section 459 (orders and regulations)—

(a) in subsection (4)(a), for “35(2C),” substitute “35A(5),”;

(b) in subsection (6)(a), for “35(2C),” substitute “35A(5),”.

Commencement Information

I34 Sch. 21 para. 19 not in force at Royal Assent, see s. 255(1)

Extension to Crown Court of powers in relation to money, cryptoassets and personal property E+W

20 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 67 (money)—

(a) in subsection (5)—

(i) for “a magistrates’ court” substitute “the enforcing court”;

(ii) for “to the designated officer for the court” substitute “, as mentioned in subsection (5ZA),”;

(b) after subsection (5) insert—

“(5ZA) The money must be paid—

(a) in a case where the enforcing court is for the time being a magistrates’ court, to the designated officer for the court;

(b) in a case where the enforcing court is for the time being the Crown Court, to the designated officer for the collecting magistrates’ court (see section 35K(4)).”;

(c) in subsection (5B), for “a magistrates’ court” substitute “the enforcing court”;

(d) in subsection (6)—

(i) in paragraph (a), for “magistrates’ court” substitute “enforcing court”;

(ii) in paragraph (b), for “the court” substitute “a magistrates’ court”.

(3) In section 67ZA (cryptoassets)—

(a) in subsection (3)—

(i) in the words before paragraph (a), for “A magistrates’ court” substitute “The enforcing court”;

(ii) in paragraph (b), for “to the designated officer for the court” substitute “, as mentioned in subsection (3A),”;

(b) after subsection (3) insert—

“(3A) The proceeds of the realisation must be paid—

(a) in a case where the enforcing court is for the time being a magistrates’ court, to the designated officer for the court;

(b) in a case where the enforcing court is for the time being the Crown Court, to the designated officer for the collecting magistrates’ court (see section 35K(4)).”;

(c) in subsection (5), for “a magistrates’ court” substitute “the enforcing court”;

(d) in subsection (6)—

(i) in paragraph (a), for “magistrates’ court” substitute “enforcing court”;

(ii) in paragraph (b), for “the court” substitute “a magistrates’ court”.

(4) In section 67A(3) (seized personal property), for “a magistrates’ court” substitute “the enforcing court”.

(5) In section 67AA(2) (destruction of seized cryptoassets), for “A magistrates’ court” substitute “The enforcing court”.

(6) In section 67B(1) (costs of storage and realisation), for “a magistrates’ court” substitute “the enforcing court”.

(7) In section 67D (proceeds of realisation)—

(a) in subsection (2)(c), after “third,” insert “in a case where the sums are the proceeds of the realisation of property under section 67A,”;

(b) in subsection (6), in the definition of “appropriate designated officer”, for the words from “the designated officer” to the end substitute “—

(a) in a case where the enforcing court is for the time being a magistrates’ court, the designated officer for the court;

(b) in a case where the enforcing court is for the time being the Crown Court, the designated officer for the collecting magistrates’ court (see section 35K(4)).”

(8) In section 69(2A) (powers of court and receiver etc), in paragraph (c) for “a magistrates’ court” substitute “the enforcing court”.

Commencement Information

I35 Sch. 21 para. 20 not in force at Royal Assent, see s. 255(1)

Extension to Crown Court of powers under Schedule 5 to Courts Act 2003 to make attachment of earnings orders and applications for benefit deductions U.K.

21 (1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.

(2) In paragraph 1 (application of Schedule)—

(a) in sub-paragraph (1) omit “(“P”)”;

(b) after sub-paragraph (1) insert—

“(1A) Parts 1, 3, 3A and 10 also apply if a person aged 18 or over is liable to pay a sum required to be paid under a confiscation order and the Crown Court is for the time being the enforcing court in relation to the order (within the meaning given by section 35D of the Proceeds of Crime Act 2002).”

(3) In paragraph 2 (interpretation)—

(a) in sub-paragraph (1), for the words from “the sum adjudged to be paid” to the end, substitute “—

(a) in a case where this Schedule applies as mentioned in sub-paragraph (1) of paragraph 1, the sum adjudged to be paid as mentioned in that sub-paragraph;

(b) in a case where this Schedule applies as mentioned in sub-paragraph (1A) of paragraph 1, the sum required to be paid as mentioned in that sub-paragraph;

(c) in a case where this Schedule applies as mentioned in paragraph (2) of paragraph 1, the sum payable under a notice of conviction and penalty.”

(b) after sub-paragraph (1) insert—

“(1A) In this Schedule “P” means—

(a) in a case where this Schedule applies as mentioned in sub-paragraph (1) of paragraph 1, the person mentioned in that sub-paragraph;

(b) in a case where this Schedule applies as mentioned in sub-paragraph (1A) of paragraph 1, the person mentioned in that sub-paragraph.”

(4) In paragraph 3(1) (meaning of “existing defaulter”), after sub-paragraph (d) (but before the “or” at the end of that sub-paragraph) insert—

“(da) he is in default in payment of a sum (or, where this Schedule applies as mentioned in sub-paragraph 1(1A), another sum) falling within paragraph 1(1A),”.

(5) In paragraph 7 (application of provisions about attachment of earnings orders and applications for benefit deductions)—

(a) in sub-paragraph (2), for paragraph (b) substitute—

“(b) the enforcing court.”;

(b) after sub-paragraph (2) insert—

“(2A) In sub-paragraph (2)(b), the “enforcing court” means—

(a) in a case where the sum due is required to be paid under a confiscation order, the court that is the enforcing court in relation to the order (within the meaning given by section 35D of the Proceeds of Crime Act 2002);

(b) in any other case, the magistrates’ court responsible for enforcing payment of the sum due.”

(6) In paragraph 9C(3B) (meaning of “P” in Part 3A), in the definition of “P”, for “paragraph 1” substitute “paragraph 2”.

(7) In paragraph 11(2) (meaning of “the relevant court” in Part 4), for the words from “has the same meaning” to the end, substitute “means—

(a) the court which is imposing the liability to pay the sum due, or

(b) the magistrates’ court responsible for enforcing payment of the sum due.”

Commencement Information

I36 Sch. 21 para. 21 not in force at Royal Assent, see s. 255(1)

Application of Attachment of Earnings Act 1971 to attachment of earnings orders made by the Crown Court E+W

22 (1) The Attachment of Earnings Act 1971 is amended as follows.

(2) In section 6(7) (collecting officer of the court for purposes of attachment of earnings order), after paragraph (a) insert—

“(aza) in the case of an order made by the Crown Court under Schedule 5 to the Courts Act 2003 in relation to a sum required to be paid under a confiscation order, the designated officer for the collecting magistrates’ court in relation to the confiscation order (within the meaning given by section 35K(4) of the Proceeds of Crime Act 2002);”.

(3) In section 15D (interpretation of provisions relating to finding the debtor’s employer) (as inserted by section 92 of the Tribunals, Courts and Enforcement Act 2007), after subsection (2) insert—

“(2A) If the lapsed order was made by the Crown Court under Schedule 5 to the Courts Act 2003, the proper authority is the Crown Court, a magistrates’ court or the designated officer for a magistrates’ court.”

(4) In section 17 (consolidated attachment orders), after subsection (1) insert—

“(1A) The powers of the Crown Court under Schedule 5 to the Courts Act 2003 include power to make an attachment of earnings order to secure the discharge of any number of such liabilities as are specified in paragraph 1(1A) of that Schedule.”

Commencement Information

I37 Sch. 21 para. 22 not in force at Royal Assent, see s. 255(1)

Collection orders in respect of confiscation orders E+W

23 (1) Schedule 5 to the Courts Act 2003 is amended as follows.

(2) In paragraph 2(2), after the definition of “a sum required to be paid by a compensation order” insert—

• ““a sum required to be paid by a confiscation order” means any sum required to be paid under an order made under section 6 of the Proceeds of Crime Act 2002;”.

(3) In paragraph 13(1) (content of collection orders), in paragraph (aa)—

(a) in the words before sub-paragraph (i), after “compensation order,” insert “a sum required to be paid by a confiscation order,”;

(b) in sub-paragraph (i), after “compensation order,” insert “the amount required to be paid under the confiscation order,”.

Commencement Information

I38 Sch. 21 para. 23 not in force at Royal Assent, see s. 255(1)

Taking control of goods to recover a sum due under a confiscation order E+W

24 (1) Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) is amended as follows.

(2) In paragraph 3(1) (general interpretation), in the definition of “the court”, after paragraph (b) insert—

“(ba) in relation to an enforcement power under a warrant of control issued for the recovery of a sum required to be paid under an order under section 6 of the Proceeds of Crime Act 2002 (confiscation orders), the court that is the enforcing court in relation to the order (within the meaning given by section 35D of that Act);”.

(3) In paragraph 17 (powers to use reasonable force), after “18,” insert “18ZA,”.

(4) After paragraph 18 insert—

“18ZA This paragraph applies if these conditions are met—

(a) the enforcement agent has power to enter the premises under paragraph 14 or 16 under a warrant under paragraph 15;

(b) the enforcement agent is acting under an enforcement power conferred by a warrant of control issued under section 35L of the Proceeds of Crime Act 2002 (powers of Crown Court to issue warrant of control to enforce confiscation order);

(c) the enforcement agent is entitled to execute the warrant by virtue of section 125A (execution by civilian enforcement officer) or 125B (execution by approved enforcement agency) of the Magistrates’ Courts Act 1980 as applied by section 35P of the Proceeds of Crime Act 2002.”

(5) In paragraph 19A(1) (power of entry where there is a controlled goods agreement), for paragraph (e) substitute—

“(e) none of paragraphs 18, 18ZA or 19 applies.”

Commencement Information

I39 Sch. 21 para. 24 not in force at Royal Assent, see s. 255(1)

Part 9 U.K. Restraint orders

Conditions for making of restraint order: risk of dissipation E+W

25 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 40 (conditions for exercise of power to make restraint order), for subsection (1) substitute—

“(1) Section 41 (power to make a restraint order) applies if—

(a) any of the first to fifth conditions is satisfied (see subsections (2) to (6)), and

(b) there is a real risk that relevant realisable property held by any person will be dissipated unless the Crown Court exercises the powers conferred by section 41 in relation to that property.

(1A) For the purposes of this section—

(a) “relevant realisable property” is realisable property that could be used for the purpose of satisfying any confiscation order that has been or may be made against the defendant;

(b) a reference to relevant realisable property being “dissipated” is to it ceasing to be available for that purpose.

(1B) In determining for the purposes of subsection (1)(b) whether there is a real risk of relevant realisable property being dissipated, the court must, in particular, have regard to the following—

(a) the nature of the relevant realisable property;

(b) the extent to which any person has taken steps with a view to relevant realisable property being dissipated;

(c) any circumstances of a person who holds the relevant realisable property that may affect the ease with which they would be able to secure the dissipation of the property;

(d) any evidence of such a person’s character;

(e) the nature of the defendant’s criminal conduct;

(f) the amount by which the defendant is suspected or believed to have benefited from their criminal conduct;

(g) the stage of the proceedings for an offence against the defendant.”

(3) In section 41(1) (power to make restraint order), for “If any condition set out in section 40 is satisfied” substitute “In a case where this section applies (see section 40),”.

Commencement Information

I40 Sch. 21 para. 25 not in force at Royal Assent, see s. 255(1)

I41 Sch. 21 para. 25 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Exception to restraint orders for reasonable legal expenses U.K.

26 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 41 (restraint orders)—

(a) omit subsections (2A) and (2B);

(b) in subsection (3)—

(i) omit “other”;

(ii) after paragraph (b) insert—

“(c) be made subject to conditions.”;

(c) in subsection (4), for the words before paragraph (a) substitute “Section 41ZA applies to an exception to a restraint order if the exception makes provision for any reasonable legal expenses which—”;

(d) omit subsections (5A) and (5B);

(e) omit subsection (10).

(3) After section 41 insert—

“41ZA Exception for legal expenses in respect of offence with which confiscation proceedings concerned

(1) Where the court makes an exception to a restraint order under section 41(3) to which this section applies, it must ensure that the exception—

(a) is limited to legal expenses that the specified person has reasonably incurred or that the person reasonably incurs,

(b) specifies the total amount that may be released for legal expenses in pursuance of the exception, and

(c) is made subject to the required conditions (in addition to any conditions imposed under section 41(3)(c)).

(2) The Lord Chancellor may by regulations specify the required conditions for the purposes of subsection (1).

(3) A required condition may, in particular—

(a) restrict who may receive sums released in pursuance of the exception (by, for example, requiring released sums to be paid to professional legal advisers), or

(b) be made for the purpose of controlling the amount of any sum released in pursuance of the exception in respect of an item of expenditure.

(4) A required condition made for the purpose mentioned in subsection (3)(b) may, for example, provide for a sum to be released in respect of an item of expenditure only if—

(a) the court has assessed the amount allowed by the regulations in respect of that item, and

(b) the sum is released for payment of the assessed amount.

(5) For the purposes of subsection (4), the regulations may, in particular, make provision—

(a) limiting the amount of remuneration allowable to representatives for a unit of time worked;

(b) limiting the total amount of remuneration allowable to representatives for work done in connection with proceedings or a step in proceedings;

(c) limiting the amount allowable in respect of an item of expenditure incurred by a representative or incurred, otherwise than in respect of the remuneration of a representative, by a party to proceedings.

(6) Before making regulations under this section, the Lord Chancellor must consult such persons as the Lord Chancellor considers appropriate.”

(4) In section 459 (orders and regulations), in each of subsections (4)(a) and (6)(a), omit “41(5A),”.

Commencement Information

I42 Sch. 21 para. 26 not in force at Royal Assent, see s. 255(1)

I43 Sch. 21 para. 26(3) in force at 29.6.2026 for specified purposes by S.I. 2026/689, reg. 2(2)

Exception to restraint order for reasonable living expenses E+W

27 In section 41 of the Proceeds of Crime Act 2002 (restraint orders)—

(a) after subsection (3) insert—

“(3A) In making an exception to a restraint order that makes provision for reasonable living expenses the court must, in particular, have regard to the following—

(a) the period for which the restraint order is to have effect;

(b) the specified person’s applicable standard of living (see subsection (11));

(c) the specified person’s means;

(d) the value of relevant realisable property held by the specified person in relation to the amount that the defendant is, or is likely to be, required to pay under a confiscation order;

(e) the extent to which expenditure by the specified person is necessary or desirable for the purpose of improving or maintaining the value of relevant realisable property held by them.”;

(b) at the end insert—

“(11) In this section—

• “applicable standard of living”, in relation to a specified person, means—

  (a)

  the person’s standard of living immediately before the making of the restraint order, or

  (b)

  in a case where there is reasonable cause to believe that the person enjoys a higher standard of living as a result of criminal activity, the standard of living that the person would enjoy but for that activity;

• “relevant realisable property” has the same meaning as in section 40.”

Commencement Information

I44 Sch. 21 para. 27 not in force at Royal Assent, see s. 255(1)

I45 Sch. 21 para. 27 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Discharge of restraint order etc: proceedings not started within reasonable time E+W

28 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 41 (restraint orders)—

(a) in subsection (7A), for “and (7C)” substitute “to (7CA)”;

(b) after subsection (7C) insert—

“(7CA) In determining for the purposes of subsection (7B)(b) whether proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following—

(a) the length of time that has passed since the making of the restraint order;

(b) the reasons given by the prosecutor for proceedings not having started within that time;

(c) the length and complexity of the criminal investigation, both before and after the making of the restraint order;

(d) the extent to which the matters subject to that investigation include matters arising abroad;

(e) the length and complexity of the potential proceedings;

(f) the nature of the restraint order (for example, the extent of the property to which it relates);

(g) the impact of the restraint order on any person affected by the order.”

(3) In section 42 (restraint orders: application, discharge and variation), after subsection (7) insert—

“(7A) In determining for the purposes of subsection (7)(a) whether proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following—

(a) the length of time that has passed since the making of the restraint order;

(b) the reasons given by the prosecutor for proceedings not having started within that time;

(c) the length and complexity of the criminal investigation, both before and after the making of the restraint order;

(d) the extent to which the matters subject to that investigation include matters arising abroad;

(e) the length and complexity of the potential proceedings;

(f) the nature of the restraint order (for example, the extent of the property to which it relates);

(g) the impact of the restraint order on any person affected by the order.”

Commencement Information

I46 Sch. 21 para. 28 not in force at Royal Assent, see s. 255(1)

I47 Sch. 21 para. 28 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Restraint orders: effect of conviction E+W

29 After section 42 of the Proceeds of Crime Act 2002 insert—

“42A Restraint orders: effect of conviction

(1) In making or varying a restraint order at any time after the defendant’s conviction for an offence, the Crown Court must have regard, in particular, to—

(a) the fact of the defendant’s conviction, and

(b) whether any of the following has been, or is likely to be, made against the defendant—

(i) a compensation order under Chapter 2 of Part 7 of the Sentencing Code;

(ii) an order requiring payment of a surcharge under section 42 of that Code;

(iii) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013;

(iv) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.

(2) Subsections (3) and (4) apply where—

(a) the Crown Court makes a restraint order at a time when the defendant has not been convicted of an offence, and

(b) the defendant is subsequently convicted of an offence at a time when the order remains in force.

(3) If the restraint order is subject to an exception made under section 41(3), the Crown Court must review the appropriateness of the exception having regard, in particular, to the matters mentioned in subsection (1).

(4) Following that review the court may vary the restraint order, whether or not an application has been made under section 42(3).”

Commencement Information

I48 Sch. 21 para. 29 not in force at Royal Assent, see s. 255(1)

I49 Sch. 21 para. 29 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Part 10 E+W Management receivers

Appointment of management receiver E+W

30 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 48 (appointment of management receiver)—

(a) after subsection (1) insert—

“(1A) Subsection (2) also applies if—

(a) a magistrates’ court has made a further detention order, and

(b) an application is made to the Crown Court to proceed under subsection (2) by—

(i) the prosecutor, or

(ii) an accredited financial investigator.”;

(b) in subsection (2), after “restraint order” insert “or (as the case may be) further detention order”;

(c) after subsection (2) insert—

“(3) For the purposes of this section and section 49, a “further detention order” is an order made in relation to property under section 47M (further detention of property detained under section 47J).”

(3) In section 49 (powers of management receiver)—

(a) in subsection (1), after “restraint order” insert “or (as the case may be) further detention order (referred to in this section as the “relevant order”)”;

(b) in subsections (2), (5) and (6)(a), for “restraint order” substitute “relevant order”.

(4) In section 63 (discharge and variation), in subsection (3)(a), after “section 40” insert “or 47B”.

Commencement Information

I50 Sch. 21 para. 30 not in force at Royal Assent, see s. 255(1)

I51 Sch. 21 para. 30 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Part 11 E+W Appeals

Appeal rights in relation to confiscation proceedings E+W

31 (1) The Proceeds of Crime Act 2002 is amended in accordance with sub-paragraphs (2) to (9).

(2) After section 67D insert—

“Appeals E+W

67E Appeals in relation to confiscation orders

(1) If the Crown Court makes a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order.

(2) If the Crown Court decides not to make a confiscation order, the prosecutor may appeal to the Court of Appeal against the decision.

(3) For the defendant’s right of appeal—

(a) where the Crown Court makes a confiscation order, and

(b) in respect of an order fixing the default term,

see section 50(1) of the Criminal Appeal Act 1968 (the effect of which is that, for the purposes of the appeal rights conferred by that Act, both such orders form part of the defendant’s sentence).

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

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

(b) if it quashes the order, may direct the Crown Court to proceed afresh under section 6.

(5) On an appeal under subsection (2) the Court of Appeal—

(a) may confirm the decision, or

(b) if it believes that the decision was wrong, may—

(i) itself proceed under section 6 (ignoring subsections (1) to (3)), or

(ii) direct the Crown Court to proceed afresh under that section.

(6) 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.

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

(8) On an appeal from a decision of the Court of Appeal to confirm the decision of the Crown Court not to make a confiscation order, or from a decision of the Court of Appeal to quash a confiscation order, the Supreme Court may—

(a) confirm the decision, or

(b) direct the Crown Court to proceed afresh under section 6 if it believes the decision was wrong.

(9) In proceeding afresh under section 6 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.

67F Appeals under section 67E: supplementary

(1) This section applies if a court makes or varies a confiscation order pursuant to section 67E.

(2) The court must—

(a) have regard to any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;

(b) have regard to any order which falls within section 13(3) and has been made against the defendant in respect of the offence (or any of the offences) concerned, unless the order has already been taken into account by a court in deciding what is the free property held by the defendant for the purposes of section 9.

(3) Subsections (4) to (9) apply if a court makes a confiscation order pursuant to section 67E.

(4) If a court has already sentenced the defendant for the offence (or any of the offences) concerned, section 6 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned.

(5) If an order falling with subsection (6) has been made against the defendant in respect of the offence (or any of the offences) concerned the court must have regard to the order.

(6) These orders fall within this subsection—

(a) a compensation order under Chapter 2 of Part 7 of the Sentencing Code;

(b) an order requiring payment of a surcharge under section 42 of the Sentencing Code;

(c) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013;

(d) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.

(7) Section 8(2) does not apply, and the rules applying instead are that the court must—

(a) take account of conduct occurring before the relevant date;

(b) take account of property obtained before that date;

(c) take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.

(8) In section 10—

(a) the first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date;

(b) the third assumption does not apply with regard to expenditure incurred by the defendant on or after that date;

(c) the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by the defendant on or after that date.

(9) Section 26 applies as it applies in the circumstances mentioned in subsection (1) of that section.

(10) For the purposes of this section, “the relevant date” is—

(a) in a case where the Crown Court made a confiscation order which was quashed by the Court of Appeal, the date on which the Crown Court made the order;

(b) in any other case, the date on which the Crown Court decided not to make a confiscation order.

67G Appeals in relation to section 10A determinations

(1) If a court makes a determination under section 10A of the extent of the defendant’s interest in property, the following may appeal to the Court of Appeal in respect of the determination—

(a) the prosecutor;

(b) the defendant, if subsection (2) applies;

(c) a person who the Court of Appeal believes is or may be a person holding an interest in the property, if subsection (2) applies.

(2) This subsection applies if—

(a) the defendant or (as the case may be) the person within subsection (1)(c) was not given a reasonable opportunity to make representations when the determination was made, or

(b) 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 defendant or that other person.

(3) But there is no right of appeal for the defendant or a person within subsection (1)(c) if—

(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 not yet determined, or

(c) a receiver has been appointed under section 50.

(4) On an appeal under this section the Court of Appeal may—

(a) confirm the determination, or

(b) make such order as it believes is appropriate.

(5) 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.

(6) On an appeal under subsection (5) the Supreme Court may—

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

(b) make such order as it believes is appropriate.

67H Appeals 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.

67I Appeals in relation to variations of confiscation order

(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.

67J Appeals in relation to restraint orders

(1) If, on an application under section 42 for a restraint order, the Crown Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.

(2) If an application is made under section 42(3) in relation to a restraint order or an order under section 41(7), the following may appeal to the Court of Appeal in respect of the Crown Court’s decision on the application—

(a) the person who applied for the order;

(b) any 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 before the Court of 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.

67K Appeals in relation to management and enforcement receivers

(1) If, on an application for an order under any of sections 48 to 51 or 62, the Crown Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.

(2) If the Crown Court makes an order under any of sections 48 to 51 or 62, any of the following may appeal to the Court of Appeal in respect of the order—

(a) the person who applied for the order;

(b) any person affected by the order;

(c) if the order was made under section 62, the receiver.

(3) The following may appeal to the Court of Appeal against a decision of the Crown Court on an application under section 63—

(a) the person who applied for the order in respect of which the application was made;

(b) any person affected by the court’s decision;

(c) the receiver.

(4) On an appeal under this section the Court of Appeal may—

(a) confirm the decision, or

(b) make such order as it believes is appropriate.

(5) 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 before the Court of Appeal.

(6) On an appeal under subsection (5) the Supreme Court may—

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

(b) make such order as it believes is appropriate.

67L Appeals in relation to realisation etc of seized property

(1) If the enforcing court decides not to make an order under section 67ZA(3), 67A(3) or 67AA(2), an appropriate officer may appeal against the decision to the applicable court.

(2) If the enforcing court makes an order under 67ZA(3), 67A(3) or 67AA(2), a person affected by the order may appeal in respect of the order to the applicable court, but only if conditions 1 and 2 are met (and see subsection (5)).

(3) Condition 1 is met if no determination under section 10A has been made in relation to the case.

(4) Condition 2 is met if—

(a) the person concerned was not given a reasonable opportunity to make representations when the confiscation order was made, or

(b) it appears to the applicable court to be arguable that not hearing the appeal would result in a serious risk of injustice to that person.

(5) A person holding the property to which the order under section 67ZA, 67A or (as the case may be) 67AA relates may not appeal under subsection (2) if there is a confiscation order made against them.

(6) An appropriate officer may appeal to the applicable court against—

(a) a decision by the enforcing court not to make a determination under section 67B;

(b) a determination made by the enforcing court under that section.

(7) On an appeal under this section to the Court of Appeal it may—

(a) confirm the decision, or

(b) make such order as it believes is appropriate.

(8) 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 before the Court of Appeal.

(9) On an appeal under subsection (8) the Supreme Court may—

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

(b) make such order as it believes is appropriate.

(10) In this section—

• “the applicable court” is—

  (a)

  in a case where the enforcing court is a magistrates’ court, the Crown Court;

  (b)

  in a case where the enforcing court is the Crown Court, the Court of Appeal;

• “appropriate officer” has the same meaning as in section 41A.”

(3) In section 44A (detention of property pending appeal), in subsections (1)(b) and (2)(b), for “43(3)(b)” substitute “67J(3)(b)”.

(4) In section 46 (hearsay evidence), in subsection (3)(c), for “43 or 44” substitute “67J”.

(5) In section 68 (applications and appeals), in subsection (1)(b), for “43, 44, 65 or 66” substitute “67J or 67K”.

(6) In section 69 (powers of court and receiver etc), in subsection (1)(a), for “and sections 62 to 67D” substitute “, sections 62 to 67D and sections 67J to 67L”.

(7) In section 85 (proceedings), in subsection (6)—

(a) in paragraph (a), for “31(2)” substitute “67E(2)”;

(b) in paragraph (b), for “31(2)” substitute “67E(2)”;

(c) in paragraph (c)—

(i) for “31(2)” substitute “67E(2)”;

(ii) for “33” substitute “67E(6)”;

(d) in paragraph (d)—

(i) for “31(2)” substitute “67E(2)”;

(ii) for “33” substitute “67E(6)”;

(e) in paragraph (e)—

(i) for “31(2)” substitute “67E(2)”;

(ii) for “33” substitute “67E(6)”;

(f) in paragraph (f), for “31(2)” substitute “67E(2)”;

(g) in paragraph (g), for “33” substitute “67E(6)”.

(8) In section 89 (procedure on appeal to the Court of Appeal), in subsection (4)—

(a) in paragraph (za), for “31(4)” substitute “67G(1)”;

(b) in paragraph (a), for “43(1) or (2)” substitute “67J(1) or (2)”;

(c) in paragraph (b), for “65” substitute “67K(1) to (3)”.

(9) Omit—

(a) section 13B (appeals against compliance orders);

(b) sections 31 to 33 (appeals against confiscation orders);

(c) sections 43 and 44 (restraint orders: appeals);

(d) sections 65 and 66 (receivers: appeals);

(e) section 67C (orders in relation to seized property: appeals).

(10) In section 50 of the Criminal Appeal Act 1968 (meaning of sentence)—

(a) in subsection (1), in paragraph (ca), omit the words from “(but” to the end;

(b) after subsection (3) insert—

“(4) A determination made under section 10A of the Proceeds of Crime Act 2002 is not a sentence for the purposes of this Act (see section 67G of that Act for rights of appeal in relation to such a determination).

(5) A compliance order made under section 13A of the Proceeds of Crime Act 2002 is not a sentence for the purposes of this Act (see section 67H of that Act for rights of appeal in relation to such an order).”

Commencement Information

I52 Sch. 21 para. 31 not in force at Royal Assent, see s. 255(1)

I53 Sch. 21 para. 31 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Part 12 U.K. Consequential and related amendments

Courts Act 2003 (c. 39) E+W

32 In the Courts Act 2003, in Schedule 8 (minor and consequential amendments), omit paragraph 406.

Commencement Information

I54 Sch. 21 para. 32 not in force at Royal Assent, see s. 255(1)

I55 Sch. 21 para. 32 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Constitutional Reform Act 2005 (c. 4) E+W

33 In the Constitutional Reform Act 2005, in Schedule 9 (amendments relating to jurisdiction of the Supreme Court), omit paragraph 77(2) and (3).

Commencement Information

I56 Sch. 21 para. 33 not in force at Royal Assent, see s. 255(1)

I57 Sch. 21 para. 33 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Serious Crime Act 2007 (c. 27) E+W

34 In the Serious Crime Act 2007, in Schedule 8 (abolition of Assets Recovery Agency and its Director)—

(a) omit paragraph 4;

(b) omit paragraphs 16 and 17;

(c) omit paragraph 19;

(d) omit paragraph 32.

Commencement Information

I58 Sch. 21 para. 34 not in force at Royal Assent, see s. 255(1)

I59 Sch. 21 para. 34 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Prevention of Social Housing Fraud Act 2013 (c. 3) E+W

35 In the Prevention of Social Housing Fraud Act 2013, in the Schedule (consequential amendments)—

(a) omit paragraphs 15 and 16;

(b) omit paragraph 17(3);

(c) omit paragraph 18(3);

(d) omit paragraphs 19 to 21.

Commencement Information

I60 Sch. 21 para. 35 not in force at Royal Assent, see s. 255(1)

I61 Sch. 21 para. 35 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Crime and Courts Act 2013 (c. 22) U.K.

36 Omit sections 46 and 47 of the Crime and Courts Act 2013 (restraint orders and legal aid).

Commencement Information

I62 Sch. 21 para. 36 not in force at Royal Assent, see s. 255(1)

I63 Sch. 21 para. 36 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Serious Crime Act 2015 (c. 9) E+W

37 The Serious Crime Act 2015 is amended as follows.

Commencement Information

I64 Sch. 21 para. 37 not in force at Royal Assent, see s. 255(1)

I65 Sch. 21 para. 37 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

38 U.K. Omit section 3 (appeals in relation to confiscation orders).

Commencement Information

I66 Sch. 21 para. 38 not in force at Royal Assent, see s. 255(1)

I67 Sch. 21 para. 38 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

39 U.K. In section 6 (confiscation and victim surcharge orders), omit subsections (4) and (5).

Commencement Information

I68 Sch. 21 para. 39 not in force at Royal Assent, see s. 255(1)

I69 Sch. 21 para. 39 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

40 U.K. In section 10 (default sentences), omit subsection (1).

Commencement Information

I70 Sch. 21 para. 40 not in force at Royal Assent, see s. 255(1)

I71 Sch. 21 para. 40 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

41 U.K. In Schedule 4 (minor and consequential amendments)—

(a) omit paragraphs 21 and 22;

(b) omit paragraph 23(3);

(c) omit paragraph 24(3);

(d) omit paragraphs 25 to 30.

Commencement Information

I72 Sch. 21 para. 41 not in force at Royal Assent, see s. 255(1)

I73 Sch. 21 para. 41 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Modern Slavery Act 2015 (c. 30) E+W

42 The Modern Slavery Act 2015 is amended as follows.

Commencement Information

I74 Sch. 21 para. 42 not in force at Royal Assent, see s. 255(1)

I75 Sch. 21 para. 42 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

43 U.K. In section 10 (supplementary provision about slavery and trafficking reparation orders)—

(a) in subsection (6)—

(i) for “24” substitute “24A”;

(ii) after “the court” insert “provisionally discharges or (as the case may be)”;

(b) in subsection (8), in the words before paragraph (a), for “31” substitute “67E(1) or (2) or 67G(1)”;

(c) in subsection (9), in the words before paragraph (a), for “33” substitute “67E(6) or 67G(5)”.

Commencement Information

I76 Sch. 21 para. 43 not in force at Royal Assent, see s. 255(1)

I77 Sch. 21 para. 43 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

44 U.K. In Schedule 5 (minor and consequential amendments), omit paragraphs 16 to 19.

Commencement Information

I78 Sch. 21 para. 44 not in force at Royal Assent, see s. 255(1)

I79 Sch. 21 para. 44 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Criminal Finances Act 2017 (c. 22) E+W

45 In section 32 of the Criminal Finances Act 2017 (reconsideration of discharged orders), omit subsections (2) and (3).

Commencement Information

I80 Sch. 21 para. 45 not in force at Royal Assent, see s. 255(1)

I81 Sch. 21 para. 45 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Sentencing Act 2020 (c. 17) E+W

46 The Sentencing Act 2020 is amended as follows.

Commencement Information

I82 Sch. 21 para. 46 not in force at Royal Assent, see s. 255(1)

I83 Sch. 21 para. 46 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

47 U.K. In section 42 (court’s duty to order payment of surcharge), in subsection (2)(b), for the words from “15” to the end substitute “15A of the Proceeds of Crime Act 2002 (effect on duty in subsection (1) where court sentences before confiscation proceedings)”.

Commencement Information

I84 Sch. 21 para. 47 not in force at Royal Assent, see s. 255(1)

I85 Sch. 21 para. 47 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

48 U.K. In section 46 (criminal courts charge duty), in subsection (1), omit the words from “But” to the end.

Commencement Information

I86 Sch. 21 para. 48 not in force at Royal Assent, see s. 255(1)

I87 Sch. 21 para. 48 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

49 U.K. In section 125 (exercise of court’s powers to impose fine and fix amount), in subsection (6)(b), for the words from “15” to the end substitute “15A (where court sentences before confiscation proceedings)”.

Commencement Information

I88 Sch. 21 para. 49 not in force at Royal Assent, see s. 255(1)

I89 Sch. 21 para. 49 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

50 U.K. In section 135 (making a compensation order), in subsection (6)(b), for the words from “15” to the end substitute “15A (where court sentences before confiscation proceedings)”.

Commencement Information

I90 Sch. 21 para. 50 not in force at Royal Assent, see s. 255(1)

I91 Sch. 21 para. 50 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

51 U.K. In section 155 (exercise of power to make a deprivation order), in subsection (3)(b), for the words from “15” to the end substitute “15A (where court sentences before confiscation proceedings)”.

Commencement Information

I92 Sch. 21 para. 51 not in force at Royal Assent, see s. 255(1)

I93 Sch. 21 para. 51 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

52 U.K. In section 161E(5) (making an income reduction order) (as inserted by section 3 of the Sentencing Act 2026), for paragraph (b) substitute—

“(b) section 15A (where court sentences before confiscation proceedings).”

Commencement Information

I94 Sch. 21 para. 52 not in force at Royal Assent, see s. 255(1)

I95 Sch. 21 para. 52 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

53 (1) Schedule 22 (prospective amendments of the Sentencing Code and related legislation) is amended as follows. U.K.

(2) After Part 7 insert—

“Part 7A U.K. Amendments of other Acts consequential on prospective abolition of detention in default of payment of fines etc

Proceeds of Crime Act 2002 (c. 29)

100A (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 35A (default term of imprisonment or detention)—

(a) in subsection (2), for paragraphs (a) and (b) substitute “of imprisonment”;

(b) in subsection (4), in the opening words, omit “, or detained,”;

(c) in the heading, omit “or detention”.

(3) In section 35J (enforcement by magistrates’ court), in subsection (4), omit the words from “, or detention” to “Act 2000,”.

(4) In section 35M (warrant of commitment issued by Crown Court), in subsection (3), omit the words from “, or detention” to “Act 2000,”.”

(3) In Part 8 (amendments of other Acts consequential on prospective change to age limit for imprisonment) at the end insert—

Proceeds of Crime Act 2002 (c. 29)

103 In section 35A of the Proceeds of Crime Act 2002 (default term of imprisonment or detention), in subsection (4)(c), omit “, custody for life or detention in a young offender institution”.”

Commencement Information

I96 Sch. 21 para. 53 not in force at Royal Assent, see s. 255(1)

I97 Sch. 21 para. 53 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

54 U.K. In Schedule 24 (consequential amendments)—

(a) omit paragraphs 183 and 184;

(b) omit paragraph 185(3);

(c) omit paragraph 186(3);

(d) omit paragraphs 187 and 188;

(e) omit paragraphs 190 to 192.

Commencement Information

I98 Sch. 21 para. 54 not in force at Royal Assent, see s. 255(1)

I99 Sch. 21 para. 54 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)

Prospective

Part 13 E+W Confiscation orders made under saved legislation: provisional discharge

Provisional discharge of confiscation orders made under saved legislation E+W

55 (1) This paragraph applies if—

(a) an amount remains to be paid under a confiscation order made under—

(i) section 1 of the Drug Trafficking Offences Act 1986,

(ii) section 71 of the Criminal Justice Act 1988, or

(iii) section 2 of the Drug Trafficking Act 1994, and

(b) the relevant two-year period has ended.

(2) The Crown Court may, of its own motion or on an application made by a person listed in sub-paragraph (3), discharge the confiscation order on a provisional basis if the court considers that it is in the interests of justice to do so.

(3) The persons are—

(a) the prosecutor;

(b) the designated officer for a magistrates’ court;

(c) a receiver appointed under—

(i) section 11 of the Drug Trafficking Offences Act 1986, in the case of a confiscation order made under section 1 of that Act;

(ii) section 80 of the Criminal Justice Act 1988, in the case of a confiscation order made under section 71 of that Act;

(iii) section 29 of the Drug Trafficking Act 1994, in the case of a confiscation order made under section 2 of that Act.

(4) In deciding whether it is in the interests of justice to discharge a confiscation order on a provisional basis the court must, in particular, take into account—

(a) any amount that the defendant has already paid under the confiscation order;

(b) the extent to which the amount that remains to be paid under the order represents interest payable in respect of the order;

(c) any steps that have already been taken in relation to the enforcement of the order;

(d) the extent to which there are reasonable steps (or further reasonable steps) that could be taken in relation to the enforcement of the order;

(e) the amount that the court considers would be recovered if all such reasonable steps (or further reasonable steps) were to be taken.

(5) Where an application under this paragraph is refused, a further application in relation to the confiscation order concerned may only be made—

(a) after the end of the period of two years beginning with the date of the refusal, or

(b) before the end of that period, with the leave of the court.

(6) There is no right of appeal against a decision of the court under this paragraph to discharge, or not to discharge, a confiscation order on a provisional basis.

(7) In sub-paragraph (1), the “relevant two-year period” means the period of two years beginning with—

(a) the day on which the confiscation order was made, or

(b) in a case where the order has been varied under the Drug Trafficking Offences Act 1986, Part 6 of the Criminal Justice Act 1988 or, as the case may be, Part 1 of the Drug Trafficking Act 1994, the day on which the order was varied.

Commencement Information

I100 Sch. 21 para. 55 not in force at Royal Assent, see s. 255(1)

Effect of provisional discharge under paragraph 55 and revocation of discharge E+W

56 (1) This paragraph applies where a confiscation order has been discharged under paragraph 55 on a provisional basis.

(2) The order is to be treated as satisfied, and accordingly the proceedings against the defendant are to be treated as having concluded for the purposes of the Drug Trafficking Offences Act 1986, the Criminal Justice Act 1988 or, as the case may be, the Drug Trafficking Act 1994, subject to the rest of this paragraph.

(3) The provisional discharge of the order does not prevent the making of an application in respect of the order under—

(a) section 14 of the Drug Trafficking Offences Act 1986, in the case of a confiscation order made under section 1 of that Act;

(b) section 74C or 83 of the Criminal Justice Act 1988, in the case of a confiscation order made under section 71 of that Act;

(c) section 15, 16 or 17 of the Drug Trafficking Act 1994, in the case of a confiscation order made under section 2 of that Act.

(4) Where, on an application under any of those provisions, the court varies the order, the court may also revoke the provisional discharge of the order.

(5) The Crown Court may, on an application made by a person listed in sub-paragraph (6), revoke the provisional discharge of the order if the court considers that it is in the interests of justice to do so.

(6) The persons are—

(a) the prosecutor;

(b) a receiver appointed under—

(i) section 11 of the Drug Trafficking Offences Act 1986, in the case of a confiscation order made under section 1 of that Act;

(ii) section 80 of the Criminal Justice Act 1988, in the case of a confiscation order made under section 71 of that Act;

(iii) section 29 of the Drug Trafficking Act 1994, in the case of a confiscation order made under section 2 of that Act.

(7) In deciding whether it is in the interests of justice to revoke the provisional discharge of a confiscation order the court must, in particular, take into account the matters listed in paragraph 55(4).

(8) Where the court revokes the provisional discharge of a confiscation order under this paragraph—

(a) the order is, from the time of the revocation, no longer to be treated as satisfied, and

(b) accordingly—

(i) from that time the proceedings against the defendant are to be treated as not having been concluded, and

(ii) any interest which was payable in respect of the order for a period before the provisional discharge of the order but which had not been paid at the time of the provisional discharge becomes payable.

(9) There is no right of appeal against a decision of the court under this paragraph to revoke, or not to revoke, the provisional discharge of a confiscation order.

Commencement Information

I101 Sch. 21 para. 56 not in force at Royal Assent, see s. 255(1)

Time for payment where provisional discharge of order is revoked E+W

57 (1) This paragraph applies where a court revokes the provisional discharge of a confiscation order—

(a) under paragraph 56(4) on an application under section 74C of the Criminal Justice Act 1988 or section 15 or 16 of the Drug Trafficking Act 1994, or

(b) under paragraph 56(5).

(2) If the court is satisfied that the defendant is unable to pay the full amount ordered to be paid under the order on the day on which the provisional discharge is revoked, the court may make an order requiring whatever cannot be paid on that day to be paid—

(a) in a specified period, or

(b) in specified periods each of which relates to a specified amount.

(3) A specified period—

(a) must start with the day on which the provisional discharge is revoked, and

(b) must not exceed three months.

(4) If—

(a) within any specified period the defendant applies to the relevant court for that period to be extended, and

(b) the relevant court is satisfied that, despite having made all reasonable efforts, the defendant is unable to pay the amount to which the specified period relates within that period,

the court may make an order extending the period (for all or any part or parts of the amount in question).

(5) “The relevant court” means—

(a) in a case where the Crown Court revoked the provisional discharge of the order, the Crown Court;

(b) in a case where a magistrates’ court revoked the provisional discharge of the order, a magistrates’ court.

(6) An extended period—

(a) must start with the day on which the provisional discharge is revoked, and

(b) must not exceed six months.

(7) An order under sub-paragraph (4)—

(a) may be made after the end of the specified period to which it relates, but

(b) must not be made after the end of the period of six months starting with the day on which the provisional discharge is revoked.

(8) Periods specified or extended under this paragraph must be such that, where the court believes that a defendant will by a particular day be able—

(a) to pay the amount remaining to be paid, or

(b) to pay an amount towards what remains to be paid,

that amount is required to be paid no later than that day.

(9) If—

(a) an application has been made under sub-paragraph (4) for a specified period to be extended,

(b) the application has not been determined by the court, and

(c) the period of six months starting with the day on which the provisional discharge was revoked has not ended,

the amount on which interest is payable in respect of the order does not include the amount to which the specified period relates.

(10) The court must not make an order under sub-paragraph (2) or (4) unless it gives the prosecutor an opportunity to make representations.

Commencement Information

I102 Sch. 21 para. 57 not in force at Royal Assent, see s. 255(1)

Financial status orders E+W

58 (1) This paragraph applies where—

(a) the Crown Court has decided of its own motion to consider whether to discharge a confiscation order on a provisional basis,

(b) an application has been made under paragraph 55 or 56, or

(c) the court has discharged a confiscation order on a provisional basis and an application has been made under—

(i) section 14 of the Drug Trafficking Offences Act 1986, in the case of a confiscation order made under section 1 of that Act;

(ii) section 74C or 83 of the Criminal Justice Act 1988, in the case of a confiscation order made under section 71 of that Act;

(iii) section 15, 16 or 17 of the Drug Trafficking Act 1994, in the case of a confiscation order made under section 2 of that Act.

(2) The relevant court may order the defendant to give the court, before the end of the period specified in the order—

(a) any information about the defendant’s assets and other financial circumstances, and

(b) any documentary or other evidence in support of that information, that the court may require in connection with the exercise of its functions under paragraph 55 or 56.

(3) “The relevant court” means—

(a) where this paragraph applies as a result of sub-paragraph (1)(a) or (b), the Crown Court;

(b) where this paragraph applies as a result of sub-paragraph (1)(c), the court to which the application mentioned in that sub-paragraph is made.

Commencement Information

I103 Sch. 21 para. 58 not in force at Royal Assent, see s. 255(1)