Crime and Policing Act 2026

Prospective

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

I1 Sch. 22 para. 28 not in force at Royal Assent, see s. 255(8)(m)