Crime and Policing Act 2026

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

I1 Sch. 21 para. 10 not in force at Royal Assent, see s. 255(1)

I2 Sch. 21 para. 10 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)