Crime and Policing Act 2026

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

I1 Sch. 21 para. 15 not in force at Royal Assent, see s. 255(1)

I2 Sch. 21 para. 15 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)