Crime and Policing Act 2026

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

I1 Sch. 21 para. 14 not in force at Royal Assent, see s. 255(1)

I2 Sch. 21 para. 14 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)