Crime and Policing Act 2026

Prospective

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

I1 Sch. 21 para. 19 not in force at Royal Assent, see s. 255(1)