Proceeds of Crime Act 2002
2002 c. 29
An Act to establish the Assets Recovery Agency and make provision about the appointment of its Director and his functions (including Revenue functions), to provide for confiscation orders in relation to persons who benefit from criminal conduct and for restraint orders to prohibit dealing with property, to allow the recovery of property which is or represents property obtained through unlawful conduct or which is intended to be used in unlawful conduct, to make provision about money laundering, to make provision about investigations relating to benefit from criminal conduct or to property which is or represents property obtained through unlawful conduct or to money laundering, to make provision to give effect to overseas requests and orders made where property is found or believed to be obtained through criminal conduct, and for connected purposes.
[24th July 2002]
B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1) A relevant authority must exercise its functions under this Act in the way which it considers is best calculated to contribute to the reduction of crime.
(2) In this section “a relevant authority” means—
(a) the National Crime Agency,
(b) the Director of Public Prosecutions,
(c) the Director of Public Prosecutions for Northern Ireland,
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
(e) the Director of the Serious Fraud Office.
(f) Her Majesty's Revenue and Customs, or
(g) the Financial Conduct Authority.
(3) In considering under subsection (1) the way which is best calculated to contribute to the reduction of crime a relevant authority must have regard to any guidance given to it by—
(a) in the case of the National Crime Agency, the Secretary of State,
(b) in the case of the Director of Public Prosecutions ... or the Director of the Serious Fraud Office, the Attorney General, ...
(c) in the case of the Director of Public Prosecutions for Northern Ireland, the Advocate General for Northern Ireland , and
(d) in the case of Her Majesty's Revenue and Customs or the Financial Conduct Authority, the Treasury.
(4) The guidance must indicate that the reduction of crime is in general best secured by means of criminal investigations and criminal proceedings.
(5) The reference in this section to the Advocate General for Northern Ireland is to be read, before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), as a reference to the Attorney General for Northern Ireland.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Anything which the National Crime Agency is authorised or required to do under this Act (whether directly or through its staff) may be done by a person providing services under arrangements made by that Agency if the person is authorised by that Agency (whether generally or specifically) for that purpose.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Anything which the Director of Public Prosecutions is authorised or required to do under, or in relation to, Part 5 or 8 of this Act may be done by a member of his staff if the member of staff is authorised by the Director (generally or specifically) for that purpose.
(2) Anything which ... the Director of the Serious Fraud Office is authorised or required to do under, or in relation to, Part 2, 4, 5, 7 or 8 of this Act may be done by a member of his staff if the member of staff is authorised by the Director ... (generally or specifically) for that purpose.
(3) Anything which a relevant Director or a member of his staff is authorised or required to do under, or in relation to, Part 2, 4, 5 or 8 of this Act may be done by a person providing services under arrangements made by the relevant Director if the person is authorised by the relevant Director (whether generally or specifically) for that purpose.
(3A) Subsection (3) does not apply to the functions of the Director of Public Prosecutions for Northern Ireland ... under section 302A , 303X , 303Z19, 303Z53 or 303Z65.
(4) In this section “relevant Director” means—
(a) the Director of Public Prosecutions,
(b) the Director of Public Prosecutions for Northern Ireland,
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) the Director of the Serious Fraud Office.
(1) The National Crime Agency must provide a system for the accreditation of financial investigators.
(2) The system of accreditation must include provision for—
(a) the monitoring of the performance of accredited financial investigators, and
(b) the withdrawal of accreditation from any person who contravenes or fails to comply with any condition subject to which he was accredited , and
(c) securing that decisions under that system which concern—
(i) the grant or withdrawal of accreditations, or
(ii) the monitoring of the performance of accredited financial investigators,
are taken without regard to their effect on operations by the National Crime Agency or any other person.
(3) A person may be accredited—
(a) in relation to this Act;
(b) in relation to particular provisions of this Act.
(4) But the accreditation may be limited to specified purposes.
(5) A reference in this Act to an accredited financial investigator is to be construed accordingly.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) The National Crime Agency must make provision for the training of persons in—
(a) financial investigation, and
(b) the operation of this Act.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 41A(3) or 47A(1);
(d) any other person whose functions include the investigation of crime;
(e) a receiver appointed under section 48 or 50.
(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).
(1) The Crown Court must proceed under this section if the following two conditions are satisfied.
(2) The first condition is that a defendant falls within any of the following paragraphs—
(a) he is convicted of an offence or offences in proceedings before the Crown Court;
(b) he is committed to the Crown Court for sentence in respect of an offence or offences under any provision of sections 14 to 20 of the Sentencing Code;
(c) he is committed to the Crown Court in respect of an offence or offences under section 70 below (committal with a view to a confiscation order being considered).
(3) The second condition is that—
(a) the prosecutor ... asks the court to proceed under this section, or
(b) the court believes it is appropriate for it to do so.
(4) The court must proceed as follows—
(a) if asked to do so by the prosecutor it must decide whether the defendant has a criminal lifestyle;
(b) if (pursuant to paragraph (a)) it decides that he has a criminal lifestyle it must decide whether he has benefited from his general criminal conduct;
(c) if it is not asked to decide whether the defendant has a criminal lifestyle or if it decides that he does not have a criminal lifestyle it must decide whether he has benefited from his particular criminal conduct.
(5) If the court decides under subsection (4)(b) or (c) that the defendant has benefited from the conduct referred to it must—
(a) decide the recoverable amount, and
(b) make an order (a confiscation order) requiring him to pay that amount.
Paragraph (b) applies only if, or to the extent that, it would not be disproportionate to require the defendant to pay the recoverable amount.
(6) But the court must treat the duty in subsection (5) as a power if it believes that any victim of the conduct has at any time started or intends to start proceedings against the defendant in respect of loss, injury or damage sustained in connection with the conduct.
(6A) The court must also treat the duty in subsection (5) as a power if—
(a) an order has been made, or it believes an order may be made, against the defendant under section 4 (criminal unlawful profit orders) of the Prevention of Social Housing Fraud Act 2013 in respect of profit made by the defendant in connection with the conduct, or
(b) it believes that a person has at any time started or intends to start proceedings against the defendant under section 5 (civil unlawful profit orders) of that Act in respect of such profit.
(7) The court must decide any question arising under subsection (4) or (5) on a balance of probabilities.
(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 15B(3)(a).
(8) The first condition is not satisfied if the defendant absconds (but section 27 may apply).
(9) References in this Part to the offence (or offences) concerned are to the offence (or offences) mentioned in subsection (2).
(1) The recoverable amount for the purposes of section 6 is an amount equal to the defendant’s benefit from the conduct concerned.
(2) But if the defendant shows that the available amount is less than that benefit the recoverable amount is—
(a) the available amount, or
(b) a nominal amount, if the available amount is nil.
(3) But if section 6(6) or 6(6A) applies the recoverable amount is such amount as—
(a) the court believes is just, but
(b) does not exceed the amount found under subsection (1) or (2) (as the case may be).
(4) In calculating the defendant’s benefit from the conduct concerned for the purposes of subsection (1), the following must be ignored—
(a) any property in respect of which a recovery order is in force under section 266,
(b) any property which has been forfeited in pursuance of a forfeiture notice under section 297A or an account forfeiture notice under section 303Z9, ...
(c) any property in respect of which a forfeiture order is in force under section 298(2), 303O(3), 303R(3) , 303Z14(4), 303Z41(4), 303Z45(3) or 303Z60(4) , and
(d) any property which is the forfeitable property in relation to an order under section 303Q(1) or 303Z44(1).
(5) If the court decides the available amount, it must include in the confiscation order a statement of its findings as to the matters relevant for deciding that amount.
(1) If the court is proceeding under section 6 this section applies for the purpose of—
(a) deciding whether the defendant has benefited from conduct, and
(b) deciding his benefit from the conduct.
(2) The court must—
(a) take account of conduct occurring up to the time it makes its decision;
(b) take account of property obtained up to that time.
(3) Subsection (4) applies if—
(a) the conduct concerned is general criminal conduct,
(b) a confiscation order mentioned in subsection (5) has at an earlier time been made against the defendant, and
(c) his benefit for the purposes of that order was benefit from his general criminal conduct.
(4) His benefit found at the time the last confiscation order mentioned in subsection (3)(c) was made against him must be taken for the purposes of this section to be his benefit from his general criminal conduct at that time.
(5) If the conduct concerned is general criminal conduct the court must deduct the aggregate of the following amounts—
(a) the amount ordered to be paid under each confiscation order previously made against the defendant;
(b) the amount ordered to be paid under each confiscation order previously made against him under any of the provisions listed in subsection (7).
(6) But subsection (5) does not apply to an amount which has been taken into account for the purposes of a deduction under that subsection on any earlier occasion.
(7) These are the provisions—
(a) the Drug Trafficking Offences Act 1986 (c. 32);
(b) Part 1 of the Criminal Justice (Scotland) Act 1987 (c. 41);
(c) Part 6 of the Criminal Justice Act 1988 (c. 33);
(d) the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));
(e) Part 1 of the Drug Trafficking Act 1994 (c. 37);
(f) Part 1 of the Proceeds of Crime (Scotland) Act 1995 (c. 43);
(g) the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9));
(h) Part 3 or 4 of this Act.
(8) The reference to general criminal conduct in the case of a confiscation order made under any of the provisions listed in subsection (7) is a reference to conduct in respect of which a court is required or entitled to make one or more assumptions for the purpose of assessing a person’s benefit from the conduct.
(1) For the purposes of deciding the recoverable amount, the available amount is the aggregate of—
(a) the total of the values (at the time the confiscation order is made) of all the free property then held by the defendant minus the total amount payable in pursuance of obligations which then have priority, ...
(b) the total of the values (at that time) of all tainted gifts , and
(c) any amount determined under section 9A (value of hidden property).
(2) An obligation has priority if it is an obligation of the defendant—
(a) to pay an amount due in respect of a fine or other order of a court which was imposed or made on conviction of an offence and at any time before the time the confiscation order is made, or
(b) to pay a sum which would be included among the preferential debts if the defendant’s bankruptcy had commenced on the date of the confiscation order or his winding up had been ordered on that date.
(3) “Preferential debts” has the meaning given by section 386 of the Insolvency Act 1986 (c. 45).
(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.
10 Assumptions to be made in case of criminal lifestyle
(1) If the court decides under section 6 that the defendant has a criminal lifestyle it must make the following four assumptions for the purpose of—
(a) deciding whether he has benefited from his general criminal conduct, and
(b) deciding his benefit from the conduct.
(2) The first assumption is that any property transferred to the defendant at any time after the relevant day was obtained by him—
(a) as a result of his general criminal conduct, and
(b) at the earliest time he appears to have held it.
(3) The second assumption is that any property held by the defendant at any time after the date of conviction was obtained by him—
(a) as a result of his general criminal conduct, and
(b) at the earliest time he appears to have held it.
(4) The third assumption is that any expenditure incurred by the defendant at any time after the relevant day was met from property obtained by him as a result of his general criminal conduct.
(5) The fourth assumption is that, for the purpose of valuing any property obtained (or assumed to have been obtained) by the defendant, he obtained it free of any other interests in it.
(6) But the court must not make a required assumption in relation to particular property or expenditure if—
(a) the assumption is shown to be incorrect, or
(b) there would be a serious risk of injustice if the assumption were made.
(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.
(7) If the court does not make one or more of the required assumptions it must state its reasons.
(8) The relevant day is the first day of the period of six years ending with—
(a) the day when proceedings for the offence concerned were started against the defendant, or
(b) if there are two or more offences and proceedings for them were started on different days, the earliest of those days.
(9) But if a confiscation order mentioned in section 8(3)(c) has been made against the defendant at any time during the period mentioned in subsection (8)—
(a) the relevant day is the day when the defendant’s benefit was calculated for the purposes of the last such confiscation order;
(b) the second assumption does not apply to any property which was held by him on or before the relevant day.
(10) The date of conviction is—
(a) the date on which the defendant was convicted of the offence concerned, or
(b) if there are two or more offences and the convictions were on different dates, the date of the latest.
10A Determination of extent of defendant's interest in property
(1) Where it appears to a court making a confiscation order that—
(a) there is property held by the defendant that is likely to be realised or otherwise used to satisfy the order, and
(b) a person other than the defendant holds, or may hold, an interest in the property,
the court may, if it thinks it appropriate to do so, determine the extent (at the time the confiscation order is made) of the defendant's interest in the property.
(2) The court must not exercise the power conferred by subsection (1) unless it gives to anyone who the court thinks is or may be a person holding an interest in the property a reasonable opportunity to make representations to it.
(3) A determination under this section is conclusive in relation to any question as to the extent of the defendant's interest in the property that arises in connection with—
(a) the realisation or destruction of the property, or the transfer of an interest in the property, with a view to satisfying the confiscation order, or
(b) any action or proceedings taken for the purposes of any such realisation or transfer.
(4) Subsection (3)—
(a) is subject to section 51(8B), and
(b) does not apply in relation to a question that arises in proceedings before the Court of Appeal or the Supreme Court.
(5) In this Part, the “extent” of the defendant's interest in property means the proportion that the value of the defendant's interest in it bears to the value of the property itself.
(1) Unless subsection (2) applies, the full amount ordered to be paid under a confiscation order must be paid on the day on which the order is made.
(2) If the court making the confiscation order is satisfied that the defendant is unable to pay the full amount on that day, it may make an order requiring whatever cannot be paid on that day to be paid—
(a) in a specified period, or
(b) in specified periods each of which relates to a specified amount.
(3) A specified period—
(a) must start with the day on which the confiscation order is made, and
(b) must not exceed three months.
(4) If—
(a) within any specified period the defendant applies to the Crown Court for that period to be extended, and
(b) the court is satisfied that, despite having made all reasonable efforts, the defendant is unable to pay the amount to which the specified period relates within that period,
the court may make an order extending the period (for all or any part or parts of the amount in question).
(5) An extended period—
(a) must start with the day on which the confiscation order is made, and
(b) must not exceed six months.
(6) An order under subsection (4)—
(a) may be made after the end of the specified period to which it relates, but
(b) must not be made after the end of the period of six months starting with the day on which the confiscation order is made.
(7) Periods specified or extended under this section must be such that, where the court believes that a defendant will by a particular day be able—
(a) to pay the amount remaining to be paid, or
(b) to pay an amount towards what remains to be paid,
that amount is required to be paid no later than that day.
(8) The court must not make an order under subsection (2) or (4) unless it gives the prosecutor an opportunity to make representations.
(1) If any amount required to be paid by a person under a confiscation order is not paid when it is required to be paid, he must pay interest on that amount for the period for which it remains unpaid.
(2) The rate of interest is the same rate as that for the time being specified in section 17 of the Judgments Act 1838 (c. 110) (interest on civil judgment debts).
(3) If—
(a) an application has been made under section 11(4) for a specified period to be extended,
(b) the application has not been determined by the court, and
(c) the period of six months starting with the day on which the confiscation order was made has not ended,
the amount on which interest is payable under this section does not include the amount to which the specified period relates.
(4) In applying this Part the amount of the interest must be treated as part of the amount to be paid under the confiscation order.
(1) If the court makes a confiscation order it must proceed as mentioned in subsections (2) and (4) in respect of the offence or offences concerned.
(2) The court must take account of the confiscation order before—
(a) it imposes a fine on the defendant, or
(b) it makes an order falling within subsection (3).
(3) These orders fall within this subsection—
(a) an order involving payment by the defendant, other than an order under section 46 of the Sentencing Code (criminal courts charge) or a priority order;
(b) an order under section 27 of the Misuse of Drugs Act 1971 (c. 38) (forfeiture orders);
(c) an order under Chapter 4 of Part 7 of the Sentencing Code (deprivation orders);
(d) an order under section 23 or 23A of the Terrorism Act 2000 (c. 11) (forfeiture orders).
(3A) In this section “priority order” means any of the following—
(a) a compensation order under Chapter 2 of Part 7 of the Sentencing Code;
(b) an order requiring payment of a surcharge under section 42 of the Sentencing Code;
(c) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.
(d) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.
(4) Subject to subsection (2), the court must leave the confiscation order out of account in deciding the appropriate sentence for the defendant.
(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 85 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.
13A Orders for securing compliance with confiscation order
(1) This section applies where the court makes a confiscation order.
(2) The court may make such order as it believes is appropriate for the purpose of ensuring that the confiscation order is effective (a “compliance order”).
(3) The court must consider whether to make a compliance order—
(a) on the making of the confiscation order, and
(b) if it does not make a compliance order then, at any later time (while the confiscation order is still in effect) on the application of the prosecutor.
(4) In considering whether to make a compliance order, the court must, in particular, consider whether any restriction or prohibition on the defendant's travel outside the United Kingdom ought to be imposed for the purpose mentioned in subsection (2).
(5) The court may discharge or vary a compliance order on an application made by—
(a) the prosecutor;
(b) any person affected by the order.
15A 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 6.
(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 13(3)(a),
(c) make an order falling within section 13(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 Chapter 2 of Part 7 of the Sentencing Code,
(e) make an order for the payment of a surcharge under section 42 of that Code, or
(f) make an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.
(3) The court must draw up a timetable for the proceedings under section 6 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 6 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 6, vary the sentence by—
(a) imposing a fine on the defendant,
(b) making an order falling within section 13(3),
(c) making an order for the payment of compensation under Chapter 2 of Part 7 of the Sentencing Code,
(d) making an order for the payment of a surcharge under section 42 of that Code, or
(e) making an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.
(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 6, or
(b) decides not to make such an order.
(8) For the purposes of—
(a) section 18(2) of the Criminal Appeal Act 1968 (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).
(1) This section applies where—
(a) the Crown Court is proceeding under section 6, 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 6 (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 6 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.
(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 15B(3)(a), or
(b) the prosecutor and defendant did reach agreement, but the court decided not to make a confiscation order under section 6 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 6 proceedings.
(3) In this section “EROC meeting” has the meaning given by section 15B.
(1) If the court is proceeding under section 6 in a case where section 6(3)(a) applies, the prosecutor ... must give the court a statement of information within the period the court orders.
(2) If the court is proceeding under section 6 in a case where section 6(3)(b) applies and it orders the prosecutor to give it a statement of information, the prosecutor must give it such a statement within the period the court orders.
(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 6(4)).
(3) If the case is one in which the court is asked to decide whether the defendant has a criminal lifestyle the statement of information is a statement of matters the prosecutor ...believes are relevant in connection with deciding these issues—
(a) whether the defendant has a criminal lifestyle;
(b) whether he has benefited from his general criminal conduct;
(c) his benefit from the conduct.
(4) A statement under subsection (3) must include information the prosecutor ... believes is relevant—
(a) in connection with the making by the court of a required assumption under section 10;
(b) for the purpose of enabling the court to decide if the circumstances are such that it must not make such an assumption.
(5) If the case is one in which the court is not asked to decide whether the defendant has a criminal lifestyle the statement of information is a statement of matters the prosecutor ... believes are relevant in connection with deciding these issues—
(a) whether the defendant has benefited from his particular criminal conduct;
(b) his benefit from the conduct.
(6) If the prosecutor ... gives the court a statement of information—
(a) he may at any time give the court a further statement of information;
(b) he must give the court a further statement of information if it orders him to do so, and he must give it within the period the court orders.
(6A) A statement of information (other than one to which subsection (6B) applies) must include any information known to the prosecutor which the prosecutor believes is or would be relevant for the purpose of enabling the court to decide—
(a) whether to make a determination under section 10A, or
(b) what determination to make (if the court decides to make one).
(6B) If the court has decided to make a determination under section 10A, a further statement of information under subsection (6)(b) must, if the court so orders, include specified information that is relevant to the determination.
(7) If the court makes an order under this section it may at any time vary it by making another one.
17 Defendant’s response to statement of information
(1) If the prosecutor ... gives the court a statement of information and a copy is served on the defendant, the court may order the defendant—
(a) to indicate (within the period it orders) the extent to which he accepts each allegation in the statement, and
(b) so far as he does not accept such an allegation, to give particulars of any matters he proposes to rely on.
(2) If the defendant accepts to any extent an allegation in a statement of information the court may treat his acceptance as conclusive of the matters to which it relates for the purpose of deciding the issues referred to in section 16(3) or (5) (as the case may be).
(3) If the defendant fails in any respect to comply with an order under subsection (1) he may be treated for the purposes of subsection (2) as accepting every allegation in the statement of information apart from—
(a) any allegation in respect of which he has complied with the requirement;
(b) any allegation that he has benefited from his general or particular criminal conduct.
(4) For the purposes of this section an allegation may be accepted or particulars may be given in a manner ordered by the court.
(5) If the court makes an order under this section it may at any time vary it by making another one.
(6) No acceptance under this section that the defendant has benefited from conduct is admissible in evidence in proceedings for an offence.
(1) This section applies if—
(a) the court is proceeding under section 6 in a case where section 6(3)(a) applies, or
(b) it is proceeding under section 6 in a case where section 6(3)(b) applies or it is considering whether to proceed.
(2) For the purpose of obtaining information to help it in carrying out its functions (including functions under section 10A) the court may at any time order the defendant to give it information specified in the order.
(3) An order under this section may require all or a specified part of the information to be given in a specified manner and before a specified date.
(4) If the defendant fails without reasonable excuse to comply with an order under this section the court may draw such inference as it believes is appropriate.
(5) Subsection (4) does not affect any power of the court to deal with the defendant in respect of a failure to comply with an order under this section.
(6) If the prosecutor ... accepts to any extent an allegation made by the defendant—
(a) in giving information required by an order under this section, or
(b) in any other statement given to the court in relation to any matter relevant to deciding—
(i) the available amount under section 9, or
(ii) whether to make a determination under section 10A, or what determination to make (if the court decides to make one),
the court may treat the acceptance as conclusive of the matters to which it relates.
(7) For the purposes of this section an allegation may be accepted in a manner ordered by the court.
(8) If the court makes an order under this section it may at any time vary it by making another one.
(9) No information given under this section which amounts to an admission by the defendant that he has benefited from criminal conduct is admissible in evidence in proceedings for an offence.
18A Provision of information as to defendant's interest in property
(1) This section applies if the court—
(a) is considering whether to make a determination under section 10A of the extent of the defendant's interest in any property, or
(b) is deciding what determination to make (if the court has decided to make a determination under that section).
In this section “interested person” means a person (other than the defendant) who the court thinks is or may be a person holding an interest in the property.
(2) For the purpose of obtaining information to help it in carrying out its functions under section 10A the court may at any time order an interested person to give it information specified in the order.
(3) An order under this section may require all or a specified part of the information to be given in a specified manner and before a specified date.
(4) If an interested person fails without reasonable excuse to comply with an order under this section the court may draw such inference as it believes is appropriate.
(5) Subsection (4) does not affect any power of the court to deal with the person in respect of a failure to comply with an order under this section.
(6) If the prosecutor accepts to any extent an allegation made by an interested person—
(a) in giving information required by an order under this section, or
(b) in any other statement given to the court in relation to any matter relevant to a determination under section 10A,
the court may treat the acceptance as conclusive of the matters to which it relates.
(7) For the purposes of this section an allegation may be accepted in a manner ordered by the court.
(8) If the court makes an order under this section it may at any time vary it by making another one.
(9) No information given by a person under this section is admissible in evidence in proceedings against that person for an offence.
(1) This section applies if—
(a) the first condition in section 6 is satisfied but no court has proceeded under that section,
(b) there is evidence which was not available to the prosecutor on the relevant date,
(c) before the end of the period of six years starting with the date of conviction the prosecutor ... applies to the Crown Court to consider the evidence, and
(d) after considering the evidence the court believes it is appropriate for it to proceed under section 6.
(2) If this section applies the court must proceed under section 6, and when it does so subsections (3) to (8) below apply.
(3) If the court has already sentenced the defendant for the offence (or any of the offences) concerned, section 6 has effect as if his particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding his sentence for the offence or offences concerned.
(4) Section 8(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.
(5) In section 10—
(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 him on or after that date;
(c) the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date.
(6) The recoverable amount for the purposes of section 6 is such amount as—
(a) the court believes is just, but
(b) does not exceed the amount found under section 7.
(7) In arriving at the just amount the court must have regard in particular to—
(a) the amount found under section 7;
(b) any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;
(c) any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by the court in deciding what is the free property held by him for the purposes of section 9;
(d) any order which has been made against him in respect of the offence (or any of the offences) concerned under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code (compensation orders) ;
(da) any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 or section 42 of the Sentencing Code (orders requiring payment of surcharge);
(e) any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders).
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) The relevant date is—
(a) if the court made a decision not to proceed under section 6, the date of the decision;
(b) if the court did not make such a decision, the date of conviction.
(10) The date of conviction is—
(a) the date on which the defendant was convicted of the offence concerned, or
(b) if there are two or more offences and the convictions were on different dates, the date of the latest.
(1) This section applies if the following two conditions are satisfied.
(2) The first condition is that in proceeding under section 6 the court ...—
(a) has decided under section 6(4)(b) that the defendant has not benefited from his general criminal conduct, or
(b) has decided under section 6(4)(c) that the defendant has not benefited from his particular criminal conduct.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) ... the second condition is that—
(a) there is evidence which was not available to the prosecutor when the court decided that the defendant had not benefited from his general or particular criminal conduct,
(b) before the end of the period of six years starting with the date of conviction the prosecutor ... applies to the Crown Court to consider the evidence, and
(c) after considering the evidence the court concludes that it would have decided that the defendant had benefited from his general or particular criminal conduct (as the case may be) if the evidence had been available to it.
(5) If this section applies the court—
(a) must make a fresh decision under section 6(4)(b) or (c) whether the defendant has benefited from his general or particular criminal conduct (as the case may be);
(b) may make a confiscation order under that section.
(6) Subsections (7) to (12) below apply if the court proceeds under section 6 in pursuance of this section.
(7) If the court has already sentenced the defendant for the offence (or any of the offences) concerned, section 6 has effect as if his particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding his sentence for the offence or offences concerned.
(8) Section 8(2) does not apply, and the rules applying instead are that the court must—
(a) take account of conduct occurring before the date of the original decision that the defendant had not benefited from his general or particular criminal conduct;
(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.
(9) In section 10—
(a) the first and second assumptions do not apply with regard to property first held by the defendant on or after the date of the original decision that the defendant had not benefited from his general or particular criminal conduct;
(b) the third assumption does not apply with regard to expenditure incurred by him on or after that date;
(c) the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date.
(10) The recoverable amount for the purposes of section 6 is such amount as—
(a) the court believes is just, but
(b) does not exceed the amount found under section 7.
(11) In arriving at the just amount the court must have regard in particular to—
(a) the amount found under section 7;
(b) any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;
(c) any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by the court in deciding what is the free property held by him for the purposes of section 9;
(d) any order which has been made against him in respect of the offence (or any of the offences) concerned under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code (compensation orders) ;
(da) any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 or section 42 of that Code (orders requiring payment of surcharge);
(e) any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders).
(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13) The date of conviction is the date found by applying section 19(10).
(1) This section applies if—
(a) a court has made a confiscation order,
(b) there is evidence which was not available to the prosecutor ... at the relevant time,
(c) the prosecutor ... believes that if the court were to find the amount of the defendant’s benefit in pursuance of this section it would exceed the relevant amount,
(d) before the end of the period of six years starting with the date of conviction the prosecutor ... applies to the Crown Court to consider the evidence, and
(e) after considering the evidence the court believes it is appropriate for it to proceed under this section.
(2) The court must make a new calculation of the defendant’s benefit from the conduct concerned, and when it does so subsections (3) to (6) below apply.
(3) If a court has already sentenced the defendant for the offence (or any of the offences) concerned section 6 has effect as if his particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding his sentence for the offence or offences concerned.
(4) Section 8(2) does not apply, and the rules applying instead are that the court must—
(a) take account of conduct occurring up to the time it decided the defendant’s benefit for the purposes of the confiscation order;
(b) take account of property obtained up to that time;
(c) take account of property obtained after that time if it was obtained as a result of or in connection with conduct occurring before that time.
(5) In applying section 8(5) the confiscation order must be ignored.
(6) In section 10—
(a) the first and second assumptions do not apply with regard to property first held by the defendant after the time the court decided his benefit for the purposes of the confiscation order;
(b) the third assumption does not apply with regard to expenditure incurred by him after that time;
(c) the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him after that time.
(7) If the amount found under the new calculation of the defendant’s benefit exceeds the relevant amount the court—
(a) must make a new calculation of the recoverable amount for the purposes of section 6, and
(b) if it exceeds the amount required to be paid under the confiscation order, may vary the order by substituting for the amount required to be paid such amount as it believes is just.
(8) In applying subsection (7)(a) the court must—
(a) take the new calculation of the defendant’s benefit;
(b) apply sections 9 and 9A as if references to the time the confiscation order is made were to the time of the new calculation of the recoverable amount and as if references to the date of the confiscation order were to the date of that new calculation.
(9) In applying subsection (7)(b) the court must have regard in particular to—
(a) any fine imposed on the defendant for the offence (or any of the offences) concerned;
(b) any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by the court in deciding what is the free property held by him for the purposes of section 9;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) In deciding under this section whether one amount exceeds another the court must take account of any change in the value of money.
(11A) Section 11 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 12 applies in relation to a confiscation order that has been varied under this section, the reference in section 12(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.
(12) The relevant time is—
(a) when the court calculated the defendant’s benefit for the purposes of the confiscation order, if this section has not applied previously;
(b) when the court last calculated the defendant’s benefit in pursuance of this section, if this section has applied previously.
(13) 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 this section or section 21A, the amount found on the occasion of the last such calculation.
(14) The date of conviction is the date found by applying section 19(10).
21A 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,
(ii) a receiver appointed under section 50, or
(iii) the designated officer for a magistrates’ court, 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 21(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 51(2)(e) or section 67AA (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 80(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 12 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 21 or this section, the amount found on the occasion of the last such calculation.
22 Order made: reconsideration of available amount
(1) This section applies if—
(a) a court has made a confiscation order,
(b) the amount required to be paid was the amount found under section 7(2), and
(c) an applicant falling within subsection (2) applies to the Crown Court to make a new calculation of the available amount.
(2) These applicants fall within this subsection—
(a) the prosecutor;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) a receiver appointed under section 50 ....
(3) In a case where this section applies the court must make the new calculation, and in doing so it must apply sections 9 and 9A as if references to the time the confiscation order is made were to the time of the new calculation and as if references to the date of the confiscation order were to the date of the new calculation.
(4) If the amount found under the new calculation exceeds the relevant amount the court may vary the order by substituting for the amount required to be paid such amount as—
(a) it believes is just, but
(b) does not exceed the amount found as the defendant’s benefit from the conduct concerned.
(5) In deciding what is just the court must have regard in particular to—
(a) any fine imposed on the defendant for the offence (or any of the offences) concerned;
(b) any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by the court in deciding what is the free property held by him for the purposes of section 9;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In deciding under this section whether one amount exceeds another the court must take account of any change in the value of money.
(7A) Section 11 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 12 applies in relation to a confiscation order that has been varied under this section, the reference in section 12(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.
(8) The relevant amount is—
(a) the amount found as the available amount for the purposes of the confiscation order, if this section has not applied previously;
(b) the amount last found as the available amount in pursuance of this section, if this section has applied previously.
(9) The amount found as the defendant’s benefit from the conduct concerned is—
(a) the amount so found when the confiscation order was made, or
(b) if one or more new calculations of the defendant’s benefit have been made under section 21 or 21A, the amount found on the occasion of the last such calculation.
22A Increased available amount: compensation directions
(1) This section applies where under section 22(4) 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 defendant 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 defendant 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 defendant in respect of the offence (or offences) concerned could have required the defendant 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 an order under—
section 130 of the Powers of Criminal Courts (Sentencing) Act 2000, or
Chapter 2 of Part 7 of the Sentencing Code.
23 Inadequacy of available amount: variation of order
(1) This section applies if—
(a) a court has made a confiscation order, and
(b) the defendant or the prosecutor , or a receiver appointed under section 50 ..., applies to the Crown Court to vary the order under this section.
(2) In such a case the court must calculate the available amount, and in doing so it must apply sections 9 and 9A as if references to the time the confiscation order is made were to the time of the calculation and as if references to the date of the confiscation order were to the date of the calculation.
(3) If the court finds that the available amount (as so calculated) is inadequate for the payment of any amount remaining to be paid under the confiscation order it may vary the order by substituting for the amount required to be paid such smaller amount as the court believes is just.
(4) If a person has been made bankrupt or his estate has been sequestrated, or if an order for the winding up of a company has been made, the court must take into account the extent to which realisable property held by that person or that company may be distributed among creditors.
(5) The court may disregard any inadequacy which it believes is attributable (wholly or partly) to anything done by the defendant for the purpose of preserving property held by the recipient of a tainted gift from any risk of realisation under this Part.
(6) In subsection (4) “company” means any company which may be wound up under the Insolvency Act 1986 (c. 45) or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)).
24 Inadequacy of available amount: discharge of order
(1) This section applies if—
(a) a court has made a confiscation order,
(b) the designated officer for a magistrates' court applies to the Crown Court for the discharge of the order, and
(c) the amount remaining to be paid under the order is less than £1,000.
(2) In such a case the court must calculate the available amount, and in doing so it must apply section 9 as if references to the time the confiscation order is made were to the time of the calculation and as if references to the date of the confiscation order were to the date of the calculation.
(3) If the court—
(a) finds that the available amount (as so calculated) is inadequate to meet the amount remaining to be paid, and
(b) is satisfied that the inadequacy is due wholly to a specified reason or a combination of specified reasons,
it may discharge the confiscation order.
(4) The specified reasons are—
(a) in a case where any of the realisable property consists of money in a currency other than sterling, that fluctuations in currency exchange rates have occurred;
(b) any reason specified by the Secretary of State by order.
(5) The Secretary of State may by order vary the amount for the time being specified in subsection (1)(c).
(6) The discharge of a confiscation order under this section does not prevent the making of an application in respect of the order under section 21(1)(d) or 22(1)(c).
(7) Where on such an application the court determines that the order should be varied under section 21(7) or (as the case may be) 22(4), the court may provide that its discharge under this section is revoked.
(1) This section applies if—
(a) a court has made a confiscation order,
(b) the designated officer for a magistrates' court applies to the Crown Court for the discharge of the order, and
(c) the amount remaining to be paid under the order is £50 or less.
(2) In such a case the court may discharge the order.
(3) The Secretary of State may by order vary the amount for the time being specified in subsection (1)(c).
(4) The discharge of a confiscation order under this section does not prevent the making of an application in respect of the order under section 21(1)(d) or 22(1)(c).
(5) Where on such an application the court determines that the order should be varied under section 21(7) or (as the case may be) 22(4), the court may provide that its discharge under this section is revoked.