Crime and Policing Act 2026

Prospective

Section 189(3)

Schedule 23 S Confiscation orders: Scotland

Cases in which accused has a criminal lifestyle S

1 (1) In section 142 of the Proceeds of Crime Act 2002 (criminal lifestyle), in subsection (2)—

(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”.

(2) The amendments made by sub-paragraph (1)(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

I1 Sch. 23 para. 1 not in force at Royal Assent, see s. 255(1)(10)(f)

Compensation directions S

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

(2) After section 107 insert—

“107A Increased available amount: compensation directions

(1) This section applies where under section 107(3) a court varies a confiscation order so as to increase the amount required to be paid under the order.

(2) The court may make a supplementary compensation direction if—

(a) a compensation order has been made against the accused in respect of the offence (or any of the offences) concerned, and

(b) at the time the compensation order was made, the amount of the compensatable loss that had been sustained by the person in whose favour it was made was greater than the amount required to be paid by the compensation order.

(3) A supplementary compensation direction is a direction that so much of the amount recovered under the confiscation order as the court considers appropriate is to be paid to the person in whose favour the compensation order was made.

(4) That amount must not exceed the difference between—

(a) the amount of the compensatable loss that had been sustained by the person at the time the compensation order was made, and

(b) the amount required to be paid to the person by the compensation order,

or so much of that difference as remains unpaid.

(5) If the amount mentioned in subsection (4)(a) exceeds any applicable maximum amount, subsection (4) applies as if the amount in subsection (4)(a) were the applicable maximum amount.

(6) The court may make a compensation direction if—

(a) at the time the confiscation order was made, a person was known to the court to have sustained compensatable loss as a result of the offence (or any of the offences) concerned, but

(b) a compensation order has not been made against the accused in respect of that compensatable loss.

(7) A compensation direction is a direction that so much of the amount recovered under the confiscation order as the court considers appropriate is to be paid to the person mentioned in subsection (6)(a).

(8) That amount must not exceed—

(a) the amount of the compensatable loss that had been sustained by the person as a result of the offence (or any of the offences) concerned at the time the confiscation order was made, or

(b) so much of that amount as remains unpaid.

(9) If the amount mentioned in subsection (8)(a) exceeds any applicable maximum amount, subsection (8) applies as if the amount in subsection (8)(a) were the applicable maximum amount.

(10) In this section—

• “applicable maximum amount” means the maximum amount of compensation (if any) that a compensation order made against the accused in respect of the offence (or offences) concerned could have required the accused to pay;

• “compensatable loss” means personal injury, loss or damage of a kind in respect of which a compensation order could have been made;

• “compensation order” means a compensation order under section 249 of the Procedure Act.”

(3) In section 131 (sums received by clerk of court) after subsection (6A) insert—

“(6B) If under section 107A (compensation directions) a direction was made for an amount to be paid to a person, the clerk of court must next apply the sums in payment of that amount.”

Commencement Information

I2 Sch. 23 para. 2 not in force at Royal Assent, see s. 255(1)(10)(f)