Crime and Policing Act 2026

Prospective

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

I1 Sch. 22 para. 15 not in force at Royal Assent, see s. 255(8)(m)