Crime and Policing Act 2026

Prospective

Section 189(2)

Schedule 22 N.I. Confiscation orders: Northern Ireland

Part 1 N.I. The principal objective

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

(2) At the beginning of Part 4 insert—

“Exercise of powers: general N.I.

155A 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 190A(3) or 195A(1);

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

(e) a receiver appointed under section 196 or 198.

(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 217, after “of” insert “specific”.

(4) In section 217 (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 155A) and”.

Commencement Information

I1 Sch. 22 para. 1 not in force at Royal Assent, see s. 255(8)(m)

Part 2 N.I. Criminal lifestyle

Prosecutor’s discretion N.I.

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

(2) In section 156(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 166 (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 156(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 170(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 156(4)(b) that the defendant”;

(c) in paragraph (b), for “the defendant does not have a criminal lifestyle and” substitute “has decided under section 156(4)(c) that the defendant”.

Commencement Information

I2 Sch. 22 para. 2 not in force at Royal Assent, see s. 255(8)(m)

The serious risk of injustice test N.I.

3 In section 160 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

I3 Sch. 22 para. 3 not in force at Royal Assent, see s. 255(8)(m)

Cases in which defendant has a criminal lifestyle N.I.

4 (1) Section 223 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

I4 Sch. 22 para. 4 not in force at Royal Assent, see s. 255(8)(m)

Criminal lifestyle offences N.I.

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

(2) In paragraph 8(1A) (offences in connection with brothels), after paragraph (f) insert—

“(g) Article 64 (keeping a brothel used for prostitution).”

(3) Before paragraph 9A insert—

“Offences involving gangmasters”

(4) After paragraph 9B insert—

Environmental offences

9C An offence under Article 4(1)(a) of the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19)) (depositing, or causing or permitting the deposit of, controlled waste, otherwise than in accordance with a waste management licence).”

(5) An amendment made by sub-paragraph (2) or (4) 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

I5 Sch. 22 para. 5 not in force at Royal Assent, see s. 255(8)(m)

Part 3 N.I. Provisions concerning amount to be paid under confiscation order

Recoverable amount N.I.

6 (1) Section 157 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 163(3)(b), (c) or (d) was made before the court proceeded under section 156 (see section 165A(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 190A(3) or 195A(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 171 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 157(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

I6 Sch. 22 para. 6 not in force at Royal Assent, see s. 255(8)(m)

Hidden property N.I.

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

(2) In section 159(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 159A (value of hidden property).”

(3) After that section insert—

“159A 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 171 (order made: reconsideration of benefit), in subsection (8)(b), for “section 159” substitute “sections 159 and 159A”.

(5) In section 172 (order made: reconsideration of available amount), in subsection (3), for “section 159” substitute “sections 159 and 159A”.

(6) In section 173 (inadequacy of available amount: variation of order), in subsection (2), for “section 159” substitute “sections 159 and 159A”.

Commencement Information

I7 Sch. 22 para. 7 not in force at Royal Assent, see s. 255(8)(m)

Tainted gifts N.I.

8 In section 225 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

I8 Sch. 22 para. 8 not in force at Royal Assent, see s. 255(8)(m)

Benefit N.I.

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

(2) In section 224 (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 232(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 232 (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

I9 Sch. 22 para. 9 not in force at Royal Assent, see s. 255(8)(m)

Value of property obtained N.I.

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

(2) In section 227(5) (value: the basic rule), after “228” insert “, 228A”.

(3) In section 228 (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 228A applies.”

(4) After that section insert—

“228A 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 227.

(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

I10 Sch. 22 para. 10 not in force at Royal Assent, see s. 255(8)(m)

Value of property realised or destroyed N.I.

11 (1) Section 228 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 199(2)(e) or section 215AA (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

I11 Sch. 22 para. 11 not in force at Royal Assent, see s. 255(8)(m)

Part 4 N.I. Priority orders

Priority orders N.I.

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

(2) In section 163 (effect of confiscation order on court’s other powers)—

(a) in subsection (3)(a), for “an order under Article 14” to the end substitute “a priority order”;

(b) after subsection (3) insert—

“(3A) In this section “priority order” means either of the following—

(a) an order for the payment of compensation under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (compensation orders);

(b) a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (slavery and trafficking reparation orders).”;

(c) 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 233 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 169 (no order made: reconsideration of case), omit subsection (8).

(4) In section 170 (no order made: reconsideration of benefit), omit subsection (12).

(5) In section 171 (order made: reconsideration of benefit)—

(a) in subsection (9), omit paragraph (c);

(b) omit subsection (10).

(6) In section 172 (order made: reconsideration of available amount)—

(a) in subsection (5), omit paragraph (c);

(b) omit subsection (6).

(7) In section 203 (sums received by chief clerk), for subsection (5) substitute—

“(5) If a priority payment direction was made under section 163(5), the chief clerk 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

I12 Sch. 22 para. 12 not in force at Royal Assent, see s. 255(8)(m)

Part 5 N.I. Procedural matters

Timing of confiscation proceedings and effect on sentencing N.I.

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

(2) Before section 166 insert—

“165A 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 156.

(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 163(3)(a),

(c) make an order falling within section 163(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 Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)).

(3) The court must draw up a timetable for the proceedings under section 156 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 156 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 156, vary the sentence by—

(a) imposing a fine on the defendant,

(b) making an order falling within section 163(3),

(c) making an order for the payment of compensation under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (SI 1994/2795 (N.I. 15)).

(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 156, or

(b) decides not to make such an order.

(8) For the purposes of—

(a) section 16(1) of the Criminal Appeal (Northern Ireland) Act 1980 (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 164 and 165 (postponement of confiscation proceedings).

Commencement Information

I13 Sch. 22 para. 13 not in force at Royal Assent, see s. 255(8)(m)

Early resolution meeting N.I.

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

(2) In section 156, 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 165B(3)(a).”

(3) After section 165A insert—

“165B Early resolution meeting

(1) This section applies where—

(a) the Crown Court is proceeding under section 156, 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 156 (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 156 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.

165C 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 165B(3)(a), or

(b) the prosecutor and defendant did reach agreement, but the court decided not to make a confiscation order under section 156 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 156 proceedings.

(3) In this section “EROC meeting” has the meaning given by section 165B.”

Commencement Information

I14 Sch. 22 para. 14 not in force at Royal Assent, see s. 255(8)(m)

Part 6 N.I. Reconsideration and provisional discharge

Order made: reconsideration N.I.

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

(2) After section 171 insert—

“171A 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, or

(ii) a receiver appointed under section 198, 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 171(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 199(2)(e) or section 215AA (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 228(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 162 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 171 or this section, the amount found on the occasion of the last such calculation.”

(3) In section 171 (order made: reconsideration of benefit)—

(a) after subsection (11) insert—

“(11A) Section 161 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 162 applies in relation to a confiscation order that has been varied under this section, the reference in section 162(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 171A, the amount found on the occasion of the last such calculation.”

(4) In section 172 (order made: reconsideration of available amount)—

(a) after subsection (7) insert—

“(7A) Section 161 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 162 applies in relation to a confiscation order that has been varied under this section, the reference in section 162(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 171” insert “or 171A”.

(5) In section 188 (reconsideration etc: variation of prison term), in subsection (1)(a), after “171,” insert “171A,”.

Commencement Information

I15 Sch. 22 para. 15 not in force at Royal Assent, see s. 255(8)(m)

Provisional discharge of confiscation order N.I.

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

(2) For sections 174 and 175 substitute—

“174A 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) a receiver appointed under section 198.

(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 162;

(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 155A(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.

174B Effect of provisional discharge and revocation of discharge

(1) This section applies where a confiscation order has been discharged under section 174A 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 171, 171A, 172 or 173.

(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 198.

(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 174A(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 233(5)(a)), and

(ii) any interest which was payable under section 162 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 161 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 161 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 162 applies in relation to a confiscation order following the revocation of a provisional discharge of the order under subsection (5), the reference in section 162(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.

174C 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 174A or 174B, or

(c) the court has discharged a confiscation order on a provisional basis and an application has been made under section 171, 171A, 172 or 173.

(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 174A or 174B.”

(3) In the italic heading before section 169, at the end insert “and discharge”.

Commencement Information

I16 Sch. 22 para. 16 not in force at Royal Assent, see s. 255(8)(m)

Part 7 N.I. Enforcement

Enforcement plans N.I.

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

(2) After section 163 insert—

“Measures to promote effectiveness of confiscation orders N.I.

163ZA 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 Crown Court could make in the event that the defendant defaults on the confiscation order.

(4) For the purposes of this section and section 163ZB—

(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 161(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 161(4)).

(5) Where the court making the confiscation order is the Court of Appeal (see section 215E(4)(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.

163ZB Enforcement plan: initial enforcement hearing

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

(2) The Crown 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 185A for provision about this hearing).

(3) If an order is made under section 161(4) as a result of which the due date in relation to the confiscation order changes, the court must reset the date for the hearing to the first date then available to the court after the new due date.”

(3) In section 163A (compliance orders), in subsection (1) at the end insert “(whether or not the court also prepares an enforcement plan under section 163ZA)”.

(4) After section 185 insert—

“185A 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 163ZA), and

(b) the defendant defaults on the confiscation order (within the meaning given by section 163ZA(4)).

(2) If the condition in subsection (4) is met the 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 court must, at that hearing, consider what other steps to take for the purpose of enforcing the confiscation order.

(4) The condition is that the 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 163ZB.”

Commencement Information

I17 Sch. 22 para. 17 not in force at Royal Assent, see s. 255(8)(m)

Power to compel defendant to attend court at any stage of enforcement proceedings N.I.

18 After section 185A of the Proceeds of Crime Act 2002 insert—

“185B Power to compel defendant to attend court for enforcement purposes

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

(2) The Crown 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 Crown Court in answer to a summons issued under subsection (2)(a), the court may issue a warrant to arrest them and bring them before the court.

(4) A magistrates’ court may, for any purpose in connection with exercising its powers under section 215, 215ZA, 215A or 215AA—

(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.

(5) On the failure of the defendant to appear before the court in answer to a summons issued under subsection (4)(a), the court may issue a warrant to arrest them and bring them before the court.”

Commencement Information

I18 Sch. 22 para. 18 not in force at Royal Assent, see s. 255(8)(m)

Financial status order N.I.

19 After section 185B of the Proceeds of Crime Act 2002 insert—

“185C Financial status orders

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

(2) The Crown 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.”

Commencement Information

I19 Sch. 22 para. 19 not in force at Royal Assent, see s. 255(8)(m)

Confiscation assistance advisers N.I.

20 After section 185C of the Proceeds of Crime Act 2002 insert—

“185D Confiscation assistance advisers

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

(2) The Crown 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.”

Commencement Information

I20 Sch. 22 para. 20 not in force at Royal Assent, see s. 255(8)(m)

Extension to Crown Court of powers in relation to money, cryptoassets and personal property N.I.

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

(2) In section 215 (money)—

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

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

(c) in subsection (6)(a), for “magistrates’ court” substitute “relevant court”;

(d) in subsection (8), after the definition of “payment institution”, insert—

• ““the relevant court” means—

  (a)

  the Crown Court, where—

  (i)

  the court that made the confiscation order on doing so also prepared an enforcement plan for the confiscation order (see section 163ZA) or determined that the Crown Court should be responsible for exercising the powers in this section, and

  (ii)

  the Crown Court has not, at the time of or since the preparation of the plan or since the determination of responsibility as mentioned in sub-paragraph (i), made an order determining that a magistrates’ court should be responsible for exercising the powers in this section;

  (b)

  a magistrates’ court, in any other case.”

(3) In section 215ZA (cryptoassets)—

(a) in subsection (3), in the words before paragraph (a), for “A magistrates’ court” substitute “The relevant court”;

(b) in subsection (6), for “a magistrates’ court” substitute “the relevant court”;

(c) in subsection (7)—

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

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

(d) after subsection (9) insert—

“(10) In this section “the relevant court” has the meaning given by section 215(8), but as if references in the definition to the powers in section 215 were references to the powers in this section.”

(4) In section 215A (seized personal property)—

(a) in subsection (3), for “a magistrates’ court” substitute “the relevant court”;

(b) after subsection (3) insert—

“(3A) In subsection (3) “the relevant court” has the meaning given by section 215(8), but as if references in the definition to the powers in section 215 were references to the power in this section.”

(5) In section 215AA (destruction of seized cryptoassets)—

(a) in subsection (2), for “A magistrates’ court” substitute “The relevant court”;

(b) after subsection (2) insert—

“(2A) In subsection (2) “the relevant court” has the meaning given by section 215(8), but as if references in the definition to the powers in section 215 were references to the power in this section.”

(6) In section 215B(1) (costs of storage and realisation), for “a magistrates’ court” substitute “a court”.

(7) In section 217(2A) (powers of court and receiver etc), in paragraph (c) for “a magistrates’ court” substitute “a court”.

Commencement Information

I21 Sch. 22 para. 21 not in force at Royal Assent, see s. 255(8)(m)

Part 8 N.I. Restraint orders

Conditions for making of restraint order: risk of dissipation N.I.

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

(2) In section 189 (conditions for exercise of power to make restraint order)—

(a) for subsection (1) substitute—

“(1) Section 190 (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 High Court exercises the powers conferred by section 190 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 190(1) (power to make restraint order), for “If any condition set out in section 189 is satisfied” substitute “In a case where this section applies (see section 189),”.

Commencement Information

I22 Sch. 22 para. 22 not in force at Royal Assent, see s. 255(8)(m)

Exception to restraint orders for reasonable legal expenses N.I.

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

(2) In section 190 (restraint orders), in subsection (4), for the words before paragraph (a) substitute “Section 190ZA applies to an exception to a restraint order if the exception makes provision for any reasonable legal expenses which—”.

(3) After section 190 insert—

“190ZA 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 190(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 190(3)(c)).

(2) The Department of Justice in Northern Ireland 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 Department of Justice must consult such persons as the Department of Justice considers appropriate.”

Commencement Information

I23 Sch. 22 para. 23 not in force at Royal Assent, see s. 255(8)(m)

Exception to restraint order for reasonable living expenses N.I.

24 In section 190 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 (10));

(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—

“(10) 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 189.”

Commencement Information

I24 Sch. 22 para. 24 not in force at Royal Assent, see s. 255(8)(m)

Discharge of restraint order etc: proceedings not started within reasonable time N.I.

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

(2) In section 190 (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 191 (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

I25 Sch. 22 para. 25 not in force at Royal Assent, see s. 255(8)(m)

Restraint orders: effect of conviction N.I.

26 After section 191 of the Proceeds of Crime Act 2002 insert—

“191A 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 High Court must have regard, in particular, to—

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

(b) whether either or both of the following has or have been, or is or are likely to be, made against the defendant—

(i) an order for the payment of compensation under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15));

(ii) a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.

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

(a) the High 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 190(3), the High 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 191(3).”

Commencement Information

I26 Sch. 22 para. 26 not in force at Royal Assent, see s. 255(8)(m)

Part 9 N.I. Management receivers

Appointment of management receiver N.I.

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

(2) In section 196 (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 High 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 197, a “further detention order” is an order made in relation to property under section 195M (further detention of property detained under section 195J).”

(3) In section 197 (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 211 (discharge and variation), in subsection (3)(a), after “section 189” insert “or 195B”.

Commencement Information

I27 Sch. 22 para. 27 not in force at Royal Assent, see s. 255(8)(m)

Part 10 N.I. Appeals

Appeal rights in relation to confiscation proceedings N.I.

28 (1) The Proceeds of Crime Act 2002 is amended in accordance with sub-paragraphs (2) to (7).

(2) After section 215D insert—

“Appeals N.I.

215E 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) 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 156.

(4) 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 156 (ignoring subsections (1) to (3)), or

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

(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 the defendant or the prosecutor.

(6) 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.

(7) 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 156 if it believes the decision was wrong.

(8) In proceeding afresh under section 156 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.

215F Appeals under section 215E: supplementary

(1) This section applies if a court makes or varies a confiscation order pursuant to section 215E.

(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 163(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 159.

(3) Subsections (4) to (9) apply if a court makes a confiscation order pursuant to section 215E.

(4) If a court has already sentenced the defendant for the offence (or any of the offences) concerned, section 156 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) an order for the payment of compensation under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15));

(b) a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.

(7) Section 158(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 160—

(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 176 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.

215G Appeals in relation to section 160A determinations

(1) If a court makes a determination under section 160A 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 198 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 198.

(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.

215H Appeals in relation to compliance orders

(1) If, on an application under section 163A(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 163A.

215I Appeals in relation to variations of confiscation order

(1) If the Crown Court makes an order under section 171, 172 or 173 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 171 or 172, see section 30(3)(e) of the Criminal Appeal (Northern Ireland) Act 1980 (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 171, 172 or 173.

(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 171, 172 or 173 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.

215J Appeals in relation to restraint orders

(1) If, on an application under section 191 for a restraint order, the High 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 191(3) in relation to a restraint order or an order under section 190(7), the following may appeal to the Court of Appeal in respect of the High 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.

215K Appeals in relation to management and enforcement receivers

(1) If, on an application for an order under any of sections 196 to 199 or 210, the High Court or, as the case may be, 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 High Court or the Crown Court makes an order under any of sections 196 to 199 or 210, 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 210, the receiver.

(3) The following may appeal to the Court of Appeal against a decision of the High Court or the Crown Court on an application under section 211—

(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.

215L Appeals in relation to realisation etc of seized property

(1) If the relevant court decides not to make an order under section 215ZA(3), 215A(3) or 215AA(2), an appropriate officer may appeal against the decision to the appropriate appellate court.

(2) If the relevant court makes an order under 215ZA(3), 215A(3) or 215AA(2), a person affected by the order may appeal in respect of the order to the appropriate appellate court, but only if conditions 1 and 2 are met (and see subsection (5)).

(3) Condition 1 is met if no determination under section 160A 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 appropriate appellate 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 215ZA, 215A or (as the case may be) 215AA relates may not appeal under subsection (2) if there is a confiscation order made against them.

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

(a) a decision by the relevant court not to make a determination under section 215B;

(b) a determination made by the relevant 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 appropriate appellate court” is—

  (a)

  in a case where the relevant court is a magistrates’ court, the county court;

  (b)

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

• “appropriate officer” has the same meaning as in section 190A.”

(3) In section 193A (detention of property pending appeal), in subsections (1)(b) and (2)(b), for “192(3)(b)” substitute “215J(3)(b)”.

(4) In section 216 (applications and appeals), in subsection (1)(b), for “192, 193, 213 or 214” substitute “215J or 215K”.

(5) In section 217 (powers of court and receiver etc), in subsection (1)(a), for “and sections 210 to 215D” substitute “, sections 210 to 215D and sections 215J to 215L”.

(6) In section 233 (proceedings), in subsection (6)—

(a) in paragraph (a), for “181(2)” substitute “215E(2)”;

(b) in paragraph (b), for “181(2)” substitute “215E(2)”;

(c) in paragraph (c)—

(i) for “181(2)” substitute “215E(2)”;

(ii) for “183” substitute “215E(5)”;

(d) in paragraph (d)—

(i) for “181(2)” substitute “215E(2)”;

(ii) for “183” substitute “215E(5)”;

(e) in paragraph (e)—

(i) for “181(2)” substitute “215E(2)”;

(ii) for “183” substitute “215E(5)”;

(f) in paragraph (f), for “181(2)” substitute “215E(2)”;

(g) in paragraph (g), for “183” substitute “215E(5)”.

(7) Omit—

(a) section 163B (appeals against compliance orders);

(b) sections 181 to 183 (appeals against confiscation orders);

(c) sections 192 and 193 (restraint orders: appeals);

(d) sections 213 and 214 (receivers: appeals);

(e) section 215C (orders in relation to seized property: appeals).

(8) In section 30 of the Criminal Appeal (Northern Ireland) Act 1980 (meaning of sentence)—

(a) in subsection (3), in paragraph (d), omit the words from “(but” to the end;

(b) after subsection (4) insert—

“(5) A determination made under section 160A of the Proceeds of Crime Act 2002 is not a sentence for the purposes of this Act (see section 215G of that Act for rights of appeal in relation to such a determination).

(6) A compliance order made under section 163A of the Proceeds of Crime Act 2002 is not a sentence for the purposes of this Act (see section 215H of that Act for rights of appeal in relation to such an order).”

Commencement Information

I28 Sch. 22 para. 28 not in force at Royal Assent, see s. 255(8)(m)

Part 11 N.I. Consequential and related amendments

Constitutional Reform Act 2005 (c. 4) N.I.

29 In the Constitutional Reform Act 2005, in Schedule 9 (amendments relating to jurisdiction of the Supreme Court), omit paragraph 77(6) and (7).

Commencement Information

I29 Sch. 22 para. 29 not in force at Royal Assent, see s. 255(8)(m)

Serious Crime Act 2007 (c. 27) N.I.

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

(a) omit paragraph 38;

(b) omit paragraphs 50 and 51;

(c) omit paragraph 65.

Commencement Information

I30 Sch. 22 para. 30 not in force at Royal Assent, see s. 255(8)(m)

Serious Crime Act 2015 (c. 9) N.I.

31 The Serious Crime Act 2015 is amended as follows.

Commencement Information

I31 Sch. 22 para. 31 not in force at Royal Assent, see s. 255(8)(m)

32 Omit section 26 (appeals in relation to confiscation orders).

Commencement Information

I32 Sch. 22 para. 32 not in force at Royal Assent, see s. 255(8)(m)

33 In Schedule 4 (minor and consequential amendments), omit paragraph 48.

Commencement Information

I33 Sch. 22 para. 33 not in force at Royal Assent, see s. 255(8)(m)

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c.2 (N.I.)) N.I.

34 The Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 is amended as follows.

Commencement Information

I34 Sch. 22 para. 34 not in force at Royal Assent, see s. 255(8)(m)

35 In paragraph 3 of Schedule 2 (slavery and trafficking reparation orders)—

(a) in sub-paragraph (6)—

(i) for “174” substitute “174A”;

(ii) after “court” insert “provisionally”;

(b) in sub-paragraph (8), for “181” substitute “215E(1) or (2) or 215G(1)”;

(c) in sub-paragraph (9), for “183” substitute “215E(5) or 215G(5)”.

Commencement Information

I35 Sch. 22 para. 35 not in force at Royal Assent, see s. 255(8)(m)

36 In Schedule 4 (minor and consequential amendments) omit paragraphs 13 to 15.

Commencement Information

I36 Sch. 22 para. 36 not in force at Royal Assent, see s. 255(8)(m)

Criminal Finances Act 2017 (c. 22) N.I.

37 In section 32 of the Criminal Finances Act 2017 (reconsideration of discharged orders), omit subsections (5) and (6).

Commencement Information

I37 Sch. 22 para. 37 not in force at Royal Assent, see s. 255(8)(m)