Crime and Policing Act 2026

Prospective

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

I1 Sch. 22 para. 12 not in force at Royal Assent, see s. 255(8)(m)