(1) This section applies to sums which are in the hands of a receiver appointed under section 198 if they are—
(a) the proceeds of the realisation of property under section 199;
(b) sums (other than those mentioned in paragraph (a)) in which the defendant holds an interest.
(2) The sums must be applied as follows—
(a) first, they must be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under this subsection by virtue of section 432;
(b) second, they must be applied in making any payments directed by the Crown Court;
(c) third, they must be applied on the defendant’s behalf towards satisfaction of the confiscation order.
(3) If the amount payable under the confiscation order has been fully paid and any sums remain in the receiver’s hands he must distribute them—
(a) among such persons who held (or hold) interests in the property concerned as the Crown Court directs, and
(b) in such proportions as it directs.
(4) Before making a direction under subsection (3) the court must give persons who held (or hold) interests in the property concerned a reasonable opportunity to make representations to it.
(5) For the purposes of subsections (3) and (4) the property concerned is—
(a) the property represented by the proceeds mentioned in subsection (1)(a);
(b) the sums mentioned in subsection (1)(b).
(6) The receiver applies sums as mentioned in subsection (2)(c) by paying them to the appropriate chief clerk on account of the amount payable under the order.
(7) The appropriate chief clerk is the chief clerk of the court at the place where the confiscation order was made.
(1) This section applies if a chief clerk receives sums on account of the amount payable under a confiscation order (whether the sums are received under section 202 or otherwise).
(2) The chief clerk’s receipt of the sums reduces the amount payable under the order, but he must apply the sums received as follows.
(3) First he must apply them in payment of such expenses incurred by a person acting as an insolvency practitioner as—
(a) are payable under this subsection by virtue of section 432, but
(b) are not already paid under section 202(2)(a) or 215D(2)(a) .
(4) If the chief clerk received the sums under section 202 or 215D he must next apply them—
(a) first, in payment of the remuneration and expenses of a receiver appointed under section 196, to the extent that they have not been met by virtue of the exercise by that receiver of a power conferred under section 197(2)(d);
(b) second, in payment of the remuneration and expenses of any receiver appointed under section 198.
(c) third, in payment to an appropriate officer of any amount to which the officer is entitled by virtue of section 215B.
(5) If a direction was made under section 163(6) for an amount of compensation to be paid out of sums recovered under the confiscation order, the chief clerk must next apply the sums in payment of that amount.
(6) If any amount remains after the chief clerk makes any payments required by the preceding provisions of this section, the amount must be treated for the purposes of section 20 of the Administration of Justice Act (Northern Ireland) 1954 (c. 9 (N.I.)) (application of fines) as if it were a fine.
(7) Subsection (4) does not apply in relation to the remuneration of a receiver if the receiver is a person falling within subsection (8).
(8) The following fall within this subsection—
(a) a constable,
(b) a member of staff of the Northern Ireland Policing Board,
(c) an accredited financial investigator,
(d) a member of staff of the Public Prosecution Service for Northern Ireland,
(e) a member of staff of the Serious Fraud Office,
(f) a member of staff of a Northern Ireland department,
(g) a member of staff of the Commissioners for Her Majesty's Revenue and Customs,
(h) a National Crime Agency officer.
(9) It is immaterial for the purposes of subsection (7) whether a person falls within subsection (8) by virtue of a permanent or temporary appointment or a secondment from elsewhere.
(10) The reference in subsection (8) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that subsection by the Secretary of State under section 453.
(1) Subsections (2) and (3) apply if a court makes a restraint order.
(2) If the order applies to a tenancy of any premises, no landlord or other person to whom rent is payable may exercise a right within subsection (3) except with the leave of the High Court and subject to any terms the High Court may impose.
(3) A right is within this subsection if it is a right of forfeiture by peaceable re-entry in relation to the premises in respect of any failure by the tenant to comply with any term or condition of the tenancy.
(4) If a court in which proceedings are pending in respect of any property is satisfied that a restraint order has been applied for or made in respect of the property, the court may either stay the proceedings or allow them to continue on any terms it thinks fit.
(5) Before exercising any power conferred by subsection (4), the court must give an opportunity to be heard to—
(a) the applicant for the restraint order, and
(b) any receiver appointed in respect of the property under section 196or 198.
(1) Subsections (2) and (3) apply if a court makes an order under section 198 appointing a receiver in respect of any realisable property.
(2) If the receiver is appointed in respect of a tenancy of any premises, no landlord or other person to whom rent is payable may exercise a right within subsection (3) except with the leave of the Crown Court and subject to any terms the Crown Court may impose.
(3) A right is within this subsection if it is a right of forfeiture by peaceable re-entry in relation to the premises in respect of any failure by the tenant to comply with any term or condition of the tenancy.
(4) If a court in which proceedings are pending in respect of any property is satisfied that an order under section 198 appointing a receiver in respect of the property has been applied for or made, the court may either stay the proceedings or allow them to continue on any terms it thinks fit.
(5) Before exercising any power conferred by subsection (4), the court must give an opportunity to be heard to—
(a) the prosecutor, and
(b) the receiver (if the order under section 198 has been made).
If a receiver appointed under section 196 or 198 —
(a) takes action in relation to property which is not realisable property,
(b) would be entitled to take the action if it were realisable property, and
(c) believes on reasonable grounds that he is entitled to take the action,
he is not liable to any person in respect of any loss or damage resulting from the action, except so far as the loss or damage is caused by his negligence.
(1) This section applies to a receiver appointed under section 196 or 198 .
(2) The receiver may apply—
(a) to the High Court if he is appointed under section 196;
(b) to the Crown Court if he is appointed under section 198 ...,
for an order giving directions as to the exercise of his powers.
(3) The following persons may apply to the High Court if the receiver is appointed under section 196 or to the Crown Court if the receiver is appointed under section 198 ...—
(a) any person affected by action taken by the receiver;
(b) any person who may be affected by action the receiver proposes to take.
(4) On an application under this section the court may make such order as it believes is appropriate.
(1) The following persons may apply to the High Court to vary or discharge an order made under section 196 or 197 or to the Crown Court to vary or discharge an order made under section 198 or 199 —
(a) the receiver;
(b) the person who applied for the order ...;
(c) any person affected by the order.
(2) On an application under this section the court—
(a) may discharge the order;
(b) may vary the order.
(3) But in the case of an order under section 196 or 197—
(a) if the condition in section 189 which was satisfied was that proceedings were started or an application was made, the court must discharge the order on the conclusion of the proceedings or of the application (as the case may be);
(b) if the condition which was satisfied was that an investigation was started or an application was to be made, the court must discharge the order if within a reasonable time proceedings for the offence are not started or the application is not made (as the case may be).
(1) This section applies if—
(a) a receiver stands appointed under section 196 in respect of realisable property (the management receiver), and
(b) the court appoints a receiver under section 198 ....
(2) The court must order the management receiver to transfer to the other receiver all property held by the management receiver by virtue of the powers conferred on him by section 197.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Subsection (2) does not apply to property which the management receiver holds by virtue of the exercise by him of his power under section 197(2)(d).
(5) If the management receiver complies with an order under subsection (2) he is discharged—
(a) from his appointment under section 196;
(b) from any obligation under this Act arising from his appointment.
(6) If this section applies the court may make such a consequential or incidental order as it believes is appropriate.
(1) If on an application for an order under any of sections 196 to 199 ... the 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 court makes an order under any of sections 196 to 199 ..., the following persons may appeal to the Court of Appeal in respect of the court’s decision—
(a) the person who applied for the order;
(b) any person affected by the order.
(3) If on an application for an order under section 210 the court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.
(4) If the court makes an order under section 210, the following persons may appeal to the Court of Appeal in respect of the court’s decision—
(a) the person who applied for the order;
(b) any person affected by the order;
(c) the receiver.
(5) The following persons may appeal to the Court of Appeal against a decision of the 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.
(6) On an appeal under this section the Court of Appeal may—
(a) confirm the decision, or
(b) make such order as it believes if appropriate.
(1) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under section 213.
(2) An appeal under this section lies at the instance of any person who was a party to the proceedings before the Court of Appeal.
(3) On an appeal under this section the Supreme Court may—
(a) confirm the decision of the Court of Appeal, or
(b) make such order as it believes is appropriate.
(1) This section applies to money which—
(a) is held by a person, and
(b) is held in an account maintained by him with a relevant financial institution.
(2) This section also applies to money which is held by a person and which—
(a) has been seized under a relevant seizure power by a constable or another person lawfully exercising the power, and
(b) is being detained in connection with a criminal investigation or prosecution or with an investigation of a kind mentioned in section 341.
(2A) But this section applies to money only so far as the money is free property.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) If—
(a) a confiscation order is made against a person holding money to which this section applies, and
(b) a receiver has not been appointed under section 198 in relation to the money,
a magistrates' court may order the appropriate person to pay the money to the appropriate chief clerk on account of the amount payable under the confiscation order.
(5A) Where this section applies to money which is held in an account maintained with a relevant financial institution, a person applying for an order under subsection (5) must give notice of the application to the relevant financial institution with which the account is held.
(5B) In the case of money held in an account not maintained by the person against whom the confiscation order is made, a magistrates' court—
(a) may make an order under subsection (5) only if the extent of the person's interest in the money has been determined under section 160A, and
(b) must have regard to that determination in deciding what is the appropriate order to make.
(6) If a relevant financial institution fails to comply with an order under subsection (5)—
(a) the magistrates’ court may order it to pay an amount not exceeding £5,000, and
(b) for the purposes of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) the sum is to be treated as adjudged to be paid by a conviction of the magistrates’ court.
(7) In order to take account of changes in the value of money the Department of Justice in Northern Ireland may by order substitute another sum for the sum for the time being specified in subsection (6)(a).
(7A) The Department of Justice in Northern Ireland may by order amend this section so that it applies by virtue of subsection (1) not only to money held in an account maintained with a relevant financial institution but also to—
(a) money held in an account maintained with a financial institution of a specified kind, or
(b) money that is represented by, or may be obtained from, a financial instrument or product of a specified kind.
(7B) An order under subsection (7A) may amend this section so that it makes provision about realising an instrument or product within subsection (7A)(b) or otherwise obtaining money from it.
(8) In this section—
“appropriate chief clerk” has the same meaning as in section 202(7);
“appropriate person” means—
in a case where the money is held in an account maintained with a relevant financial institution, the relevant financial institution;
in any other case, the person on whose authority the money is detained;
“bank” means an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom;
“building society” has the same meaning as in the Building Societies Act 1986;
“electronic money institution” has the same meaning as in the Electronic Money Regulations 2011 (S.I. 2011/99) (see regulation 2 of those Regulations);
“payment institution” means an authorised payment institution or a small payment institution (each as defined in regulation 2 of the Payment Services Regulations 2017 (S.I. 2017/752));
“relevant financial institution” means a bank, a building society, an electronic money institution or a payment institution;
“relevant seizure power” means a power to seize money conferred by or by virtue of—
a warrant granted under any enactment or rule of law, or
any enactment, or rule of law, under which the authority of a warrant is not required.
(9) In the definition of “bank” in subsection (8), “authorised deposit-taker” means—
(a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits;
(b) a person who—
(i) is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and
(ii) accepts deposits;
(c) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act that has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits.
(10) A reference in subsection (9) to a person or firm with permission to accept deposits does not include a person or firm with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.
(1) This section applies to cryptoassets which—
(a) are held by a person, and
(b) are held in a crypto wallet administered by a UK-connected cryptoasset service provider,
but only so far as the cryptoassets are free property.
(2) Subsection (3) applies if—
(a) a confiscation order is made against a person holding cryptoassets to which this section applies, and
(b) a receiver has not been appointed under section 198 in relation to the cryptoassets.
(3) A magistrates’ court may order the UK-connected cryptoasset service provider which administers the crypto wallet in which the cryptoassets are held—
(a) to realise the cryptoassets, or a portion of the cryptoassets having a specified value,
(b) to pay the proceeds of that realisation to the appropriate chief clerk on account of, and up to a maximum of, the amount payable under the confiscation order, and
(c) to the extent that the proceeds of the realisation exceed the amount payable under the confiscation order, to pay the excess to an appropriate officer identified in the order.
(4) In subsection (3)—
“appropriate chief clerk” has the same meaning as in section 202(7);
“appropriate officer” has the same meaning as in section 195A.
(5) A person applying for an order under subsection (3) must give notice of the application to the UK-connected cryptoasset service provider.
(6) Where the crypto wallet in which the cryptoassets are held is administered on behalf of someone other than the person against whom the confiscation order is made, a magistrates’ court—
(a) may make an order under subsection (3) only if the extent of the person’s interest in the money has been determined under section 160A, and
(b) must have regard to that determination in deciding what is the appropriate order to make.
(7) If a UK-connected cryptoasset service provider fails to comply with an order under subsection (3)—
(a) the magistrates’ court may order it to pay an amount not exceeding £5,000, and
(b) for the purposes of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) the sum is to be treated as adjudged to be paid by a conviction of the court.
(8) In order to take account of changes in the value of money the Department of Justice in Northern Ireland may by order substitute another sum for the sum for the time being specified in subsection (7)(a).
(9) Where a UK-connected cryptoasset service provider—
(a) is required by an order under subsection (3) to realise a portion of cryptoassets having a specified value, but
(b) on realising cryptoassets under the order, obtains proceeds of an amount which differs from that value,
it does not fail to comply with the order solely because of that difference in value, provided that it took reasonable steps to obtain proceeds equal to the value specified.
215ZB Meaning of “UK-connected cryptoasset service provider”
(1) “UK-connected cryptoasset service provider” in section 215ZA means a cryptoasset service provider which—
(a) is acting in the course of business carried on by it in the United Kingdom,
(b) has terms and conditions with the persons to whom it provides services which provide for a legal dispute to be litigated in the courts of a part of the United Kingdom,
(c) holds in the United Kingdom any data relating to the persons to whom it provides services, or
(d) meets the condition in subsection (2).
(2) The condition in this subsection is that—
(a) the cryptoasset service provider has its registered office or, if it does not have one, its head office in the United Kingdom, and
(b) the day-to-day management of the provider’s business is the responsibility of that office or another establishment maintained by it in the United Kingdom.
(3) “Cryptoasset service provider” in subsections (1) and (2) includes a cryptoasset exchange provider and a custodian wallet provider; and for this purpose—
“cryptoasset exchange provider” means a firm or sole practitioner who by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved—
exchanging, or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets;
exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another;
operating a machine which utilises automated processes to exchange cryptoassets for money or money for cryptoassets;
“custodian wallet provider” means a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer—
cryptoassets on behalf of its customers, or
private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets.
(4) In the definition of “cryptoasset exchange provider” in subsection (3), “cryptoasset” includes a right to, or interest in, a cryptoasset.
(5) The Secretary of State may by regulations amend the definitions in subsection (3) (including by amending subsection (4)).
(6) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under subsection (5).
(1) This section applies to personal property which is held by a person and which—
(a) has been seized by an appropriate officer under a relevant seizure power, or
(b) has been produced to an appropriate officer in compliance with a production order under section 345.
(2) This section applies if the following conditions are satisfied—
(a) a confiscation order is made against the person by whom the property is held;
(b) a receiver has not been appointed under section 198 in relation to the property;
(c) any period allowed under section 161 for payment of the amount ordered to be paid under the confiscation order has ended.
(3) In such a case a magistrates' court may by order authorise an appropriate officer to realise the property.
(4) In this section “appropriate officer” and “relevant seizure power” have the same meaning as in section 190A.
(1) This section applies to cryptoassets which are held by a person and which have been seized by an appropriate officer under a relevant seizure power.
(2) A magistrates’ court may by order authorise an appropriate officer to destroy the cryptoassets if—
(a) a confiscation order is made against the person by whom the cryptoassets are held,
(b) a receiver has not been appointed under section 198 in relation to the cryptoassets, and
(c) either—
(i) it is not reasonably practicable to realise the cryptoassets, or
(ii) there are reasonable grounds to believe that the realisation of the cryptoassets would be contrary to the public interest, having regard in particular to how likely it is that the entry of the cryptoassets into general circulation would facilitate criminal conduct by any person.
(3) An order under this section—
(a) must set out the court’s assessment of the market value of the cryptoassets to which it relates;
(b) may authorise the destruction of cryptoassets only to the extent that their market value, as set out in the order, is less than or equal to the amount remaining to be paid under the confiscation order.
(4) Before making an order under this section, the court must give persons who hold interests in the cryptoassets a reasonable opportunity to make representations to it.
(5) If cryptoassets held by a person are destroyed following an order under this section, the person is to be treated as having paid, towards satisfaction of the confiscation order, an amount equal to the market value, as set out in the order, of the cryptoassets which have been destroyed.
(6) In this section “appropriate officer” and “relevant seizure power” have the same meaning as in section 190A.
(1) This section applies if a magistrates' court makes an order under section 215A.
(2) The court may determine an amount which may be recovered by the appropriate officer in respect of reasonable costs incurred in—
(a) storing or insuring the property since it was seized or produced as mentioned in subsection (1) of that section;
(b) realising the property.
(3) If the court makes a determination under this section the appropriate officer is entitled to payment of the amount under section 203(4).
(4) A determination under this section may be made on the same occasion as the section 215A order or on any later occasion; and more than one determination may be made in relation to any case.
(5) In this section “appropriate officer” has the same meaning as in section 190A.
(1) If a magistrates' court decides not to make an order under section 215ZA(3), 215A(3) or 215AA(2), an appropriate officer may appeal to a county court.
(2) If a magistrates' court makes an order under section 215ZA(3), 215A(3) or 215AA(2), a person affected by the order may appeal to a county court.
(3) But the person mentioned in section 215ZA(2)(a), 215A(2)(a) or 215AA(2)(a) (as applicable) may not appeal.
(4) An appropriate officer may appeal to a county court against—
(a) a determination made by a magistrates' court under section 215B;
(b) a decision by a magistrates' court not to make a determination under that section.
(5) In this section “appropriate officer” has the same meaning as in section 190A.
(1) This section applies to sums which—
(a) are in the hands of an appropriate officer, and
(b) are the proceeds of the realisation of property under section 215ZA or 215A.
(2) The sums must be applied as follows—
(a) first, they must be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under this subsection by virtue of section 432;
(b) second, they must be applied in making any payments directed by the magistrates' court or Crown Court;
(c) third, they must be paid to the appropriate chief clerk on account of the amount payable under the confiscation order.
(3) If the amount payable under the confiscation order has been fully paid and any sums remain in the appropriate officer's hands, the appropriate officer must distribute them—
(a) among such persons who held (or hold) interests in the property represented by the proceeds as the magistrates' court or Crown Court directs, and
(b) in such proportions as it directs.
(4) Before making a direction under subsection (3) the court must give persons who held (or hold) interests in the property a reasonable opportunity to make representations to it.
(5) If the magistrates' court has made a direction under subsection (2)(b) or (3) in respect of the proceeds of realisation of any property, the Crown Court may not make a direction under either of those provisions in respect of the proceeds of realisation of that property; and vice versa.
(6) In this section—
“appropriate officer” has the same meaning as in section 190A, and
“appropriate chief clerk” has the same meaning as in section 202(7).
(1) This section applies to—
(a) an application under section 190, 191, 196, 197 or 211;
(b) an appeal under section 192, 193, 213 or 214.
(2) An accredited financial investigator must not make such an application or bring such an appeal unless he falls within subsection (3).
(3) An accredited financial investigator falls within this subsection if he is one of the following or is authorised for the purposes of this section by one of the following—
(a) a police officer who is not below the rank of superintendent,
(b) a customs officer who is not below such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank,
(c) an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State under section 453.
(4) If such an application is made or appeal brought by an accredited financial investigator any subsequent step in the application or appeal or any further application or appeal relating to the same matter may be taken, made or brought by a different accredited financial investigator who falls within subsection (3).
(5) If—
(a) an application for a restraint order is made by an accredited financial investigator, and
(b) a court is required under section 206(5) to give the applicant for the order an opportunity to be heard,
the court may give the opportunity to a different accredited financial investigator who falls within subsection (3).
(1) This section applies to—
(a) the powers conferred on a court by sections 189 to 207 and sections 210 to 215D;
(b) the powers of a receiver appointed under section 196 or 198.
(c) the powers conferred on appropriate officers by sections 195C to 195L;
(d) the powers conferred on senior officers by section 195G.
(2) The powers—
(a) must be exercised with a view to the value for the time being of realisable property being made available (by the property’s realisation) for satisfying any confiscation order that has been or may be made against the defendant;
(b) must be exercised, in a case where a confiscation order has not been made, with a view to securing that there is no diminution in the value of realisable property;
(c) must be exercised without taking account of any obligation of the defendant or a recipient of a tainted gift if the obligation conflicts with the object of satisfying any confiscation order that has been or may be made against the defendant;
(d) may be exercised in respect of a debt owed by the Crown.
(2A) Subsection (2)(a) does not apply to—
(a) the power conferred on a court by paragraph (e) of section 199(2) (which enables the court to give a receiver the power to destroy cryptoassets),
(b) a power conferred on a receiver by virtue of that paragraph, or
(c) the power conferred on a magistrates’ court by section 215AA (power to order destruction of cryptoassets).
(3) Subsection (2) has effect subject to the following rules—
(a) the powers must be exercised with a view to allowing a person other than the defendant or a recipient of a tainted gift to retain or recover the value of any interest held by him;
(b) in the case of realisable property held by a recipient of a tainted gift, the powers must be exercised with a view to realising no more than the value for the time being of the gift;
(c) in a case where a confiscation order has not been made against the defendant, property must not be realised if the court so orders under subsection (4).
(4) If on an application by the defendant, or by the recipient of a tainted gift, the court decides that property cannot be replaced it may order that it must not be sold.
(5) An order under subsection (4) may be revoked or varied.
(1) This section applies if—
(a) a defendant is convicted of an offence by a magistrates’ court, and
(b) the prosecutor asks the court to commit the defendant to the Crown Court with a view to a confiscation order being considered under section 156.
(2) In such a case the magistrates’ court—
(a) must commit the defendant to the Crown Court in respect of the offence, and
(b) may commit him to the Crown Court in respect of any other offence falling within subsection (3).
(3) An offence falls within this subsection if—
(a) the defendant has been convicted of it by the magistrates’ court or any other court, and
(b) the magistrates’ court has power to deal with him in respect of it.
(4) If a committal is made under this section in respect of an offence or offences—
(a) section 156 applies accordingly, and
(b) the committal operates as a committal of the defendant to be dealt with by the Crown Court in accordance with section 219.
(5) A committal under this section may be in custody or on bail.
(1) If a defendant is committed to the Crown Court under section 218 in respect of an offence or offences, this section applies (whether or not the court proceeds under section 156).
(2) The Crown Court—
(a) must inquire into the circumstances of the case, and
(b) may deal with the defendant in any way in which the magistrates’ court could deal with him if it had just convicted him of the offence.
(1) If the following three conditions are satisfied the Crown Court may order the payment of such compensation as it believes is just.
(2) The first condition is satisfied if a criminal investigation has been started with regard to an offence and proceedings are not started for the offence.
(3) The first condition is also satisfied if proceedings for an offence are started against a person and—
(a) they do not result in his conviction for the offence, or
(b) he is convicted of the offence but the conviction is quashed or he is pardoned in respect of it.
(4) If subsection (2) applies the second condition is that—
(a) in the criminal investigation there has been a serious default by a person mentioned in subsection (9), and
(b) the investigation would not have continued if the default had not occurred.
(5) If subsection (3) applies the second condition is that—
(a) in any criminal investigation with regard to the offence or in its prosecution there has been a serious default by a person who is mentioned in subsection (9), and
(b) the proceedings would not have been started or continued if the default had not occurred.
(6) The third condition is that an application is made under this section by a person who held realisable property and has suffered loss in consequence of anything done in relation to it by or in pursuance of an order under this Part.
(7) The offence referred to in subsection (2) may be one of a number of offences with regard to which the investigation is started.
(8) The offence referred to in subsection (3) may be one of a number of offences for which the proceedings are started.
(9) Compensation under this section is payable to the applicant and—
(a) if the person in default was or was acting as a police officer within the meaning of the Police (Northern Ireland) Act 2000 (c. 32), the compensation is payable by the Chief Constable;
(b) if the person in default was a member of the Public Prosecution Service for Northern Ireland or was acting on his behalf, the compensation is payable by the Director of Public Prosecutions for Northern Ireland;
(ba) if the person in default was a National Crime Agency officer, the compensation is payable by the National Crime Agency;
(c) if the person in default was a member of the Serious Fraud Office, the compensation is payable by the Director of that Office;
(d) if the person in default was a customs officer, the compensation is payable by the Commissioners of Customs and Excise;
(e) if the person in default was an officer of the Commissioners of Inland Revenue, the compensation is payable by those Commissioners.
(f) if the person in default was an accredited financial investigator and none of paragraphs (a) to (e) apply, the compensation is payable in accordance with paragraph (b), (d) or (e) of section 302(7A) (as the case may require).
(1) This section applies if—
(a) the court varies a confiscation order under section 179 or discharges one under section 180, and
(b) an application is made to the Crown Court by a person who held realisable property and has suffered loss as a result of the making of the order.
(2) The court may order the payment of such compensation as it believes is just.
(3) Compensation under this section is payable—
(a) to the applicant;
(b) by the Lord Chancellor.
(1) This section applies if—
(a) any of the conditions in section 189 is satisfied,
(b) the prosecutor ... believes that realisable property is situated in a country or territory outside the United Kingdom (the receiving country), and
(c) the prosecutor ... sends a request for assistance to the Secretary of State with a view to it being forwarded under this section.
(2) In a case where no confiscation order has been made, a request for assistance is a request to the government of the receiving country to secure that any person is prohibited from dealing with realisable property.
(3) In a case where a confiscation order has been made and has not been satisfied, discharged or quashed, a request for assistance is a request to the government of the receiving country to secure that—
(a) any person is prohibited from dealing with realisable property;
(b) realisable property is realised and the proceeds are applied in accordance with the law of the receiving country.
(4) No request for assistance may be made for the purposes of this section in a case where a confiscation order has been made and has been satisfied, discharged or quashed.
(5) If the Secretary of State believes it is appropriate to do so he may forward the request for assistance to the government of the receiving country.
(6) If property is realised in pursuance of a request under subsection (3) the amount ordered to be paid under the confiscation order must be taken to be reduced by an amount equal to the proceeds of realisation.
(7) A certificate purporting to be issued by or on behalf of the requested government is admissible as evidence of the facts it states if it states—
(a) that property has been realised in pursuance of a request under subsection (3),
(b) the date of realisation, and
(c) the proceeds of realisation.
(8) If the proceeds of realisation made in pursuance of a request under subsection (3) are expressed in a currency other than sterling, they must be taken to be the sterling equivalent calculated in accordance with the rate of exchange prevailing at the end of the day of realisation.
(1) A defendant has a criminal lifestyle if (and only if) the following condition is satisfied.
(2) The condition is that the offence (or any of the offences) concerned satisfies any of these tests—
(a) it is specified in Schedule 5;
(b) it constitutes conduct forming part of a course of criminal activity;
(c) it is an offence committed over a period of at least six months and the defendant has benefited from the conduct which constitutes the offence.
(3) Conduct forms part of a course of criminal activity if the defendant has benefited from the conduct and—
(a) in the proceedings in which he was convicted he was convicted of three or more other offences, each of three or more of them constituting conduct from which he has benefited, or
(b) in the period of six years ending with the day when those proceedings were started (or, if there is more than one such day, the earliest day) he was convicted on at least two separate occasions of an offence constituting conduct from which he has benefited.
(4) But an offence does not satisfy the test in subsection (2)(b) or (c) unless the defendant obtains relevant benefit of not less than £5000.
(5) Relevant benefit for the purposes of subsection (2)(b) is—
(a) benefit from conduct which constitutes the offence;
(b) benefit from any other conduct which forms part of the course of criminal activity and which constitutes an offence of which the defendant has been convicted;
(c) benefit from conduct which constitutes an offence which has been or will be taken into consideration by the court in sentencing the defendant for an offence mentioned in paragraph (a) or (b).
(6) Relevant benefit for the purposes of subsection (2)(c) is—
(a) benefit from conduct which constitutes the offence;
(b) benefit from conduct which constitutes an offence which has been or will be taken into consideration by the court in sentencing the defendant for the offence mentioned in paragraph (a).
(7) The Department of Justice in Northern Ireland may by order amend Schedule 5.
(8) The Department of Justice in Northern Ireland may by order vary the amount for the time being specified in subsection (4).
(1) Criminal conduct is conduct which—
(a) constitutes an offence in Northern Ireland, or
(b) would constitute such an offence if it occurred in Northern Ireland.
(2) General criminal conduct of the defendant is all his criminal conduct, and it is immaterial—
(a) whether conduct occurred before or after the passing of this Act;
(b) whether property constituting a benefit from conduct was obtained before or after the passing of this Act.
(3) Particular criminal conduct of the defendant is all his criminal conduct which falls within the following paragraphs—
(a) conduct which constitutes the offence or offences concerned;
(b) conduct which constitutes offences of which he was convicted in the same proceedings as those in which he was convicted of the offence or offences concerned;
(c) conduct which constitutes offences which the court will be taking into consideration in deciding his sentence for the offence or offences concerned.
(4) A person benefits from conduct if he obtains property as a result of or in connection with the conduct.
(5) If a person obtains a pecuniary advantage as a result of or in connection with conduct, he is to be taken to obtain as a result of or in connection with the conduct a sum of money equal to the value of the pecuniary advantage.
(6) References to property or a pecuniary advantage obtained in connection with conduct include references to property or a pecuniary advantage obtained both in that connection and some other.
(7) If a person benefits from conduct his benefit is the value of the property obtained.
(1) Subsections (2) and (3) apply if—
(a) no court has made a decision as to whether the defendant has a criminal lifestyle, or
(b) a court has decided that the defendant has a criminal lifestyle.
(2) A gift is tainted if it was made by the defendant at any time after the relevant day.
(3) A gift is also tainted if it was made by the defendant at any time and was of property—
(a) which was obtained by the defendant as a result of or in connection with his general criminal conduct, or
(b) which (in whole or part and whether directly or indirectly) represented in the defendant’s hands property obtained by him as a result of or in connection with his general criminal conduct.
(4) Subsection (5) applies if a court has decided that the defendant does not have a criminal lifestyle.
(5) A gift is tainted if it was made by the defendant at any time after—
(a) the date on which the offence concerned was committed, or
(b) if his particular criminal conduct consists of two or more offences and they were committed on different dates, the date of the earliest.
(6) For the purposes of subsection (5) an offence which is a continuing offence is committed on the first occasion when it is committed.
(7) For the purposes of subsection (5) the defendant’s particular criminal conduct includes any conduct which constitutes offences which the court has taken into consideration in deciding his sentence for the offence or offences concerned.
(8) A gift may be a tainted gift whether it was made before or after the passing of this Act.
(9) 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.
(1) If the defendant transfers property to another person for a consideration whose value is significantly less than the value of the property at the time of the transfer, he is to be treated as making a gift.
(2) If subsection (1) applies the property given is to be treated as such share in the property transferred as is represented by the fraction—
(a) whose numerator is the difference between the two values mentioned in subsection (1), and
(b) whose denominator is the value of the property at the time of the transfer.
(3) References to a recipient of a tainted gift are to a person to whom the defendant has made the gift.
(1) This section applies for the purpose of deciding the value at any time of property then held by a person.
(2) Its value is the market value of the property at that time.
(3) But if at that time another person holds an interest in the property its value, in relation to the person mentioned in subsection (1), is the market value of his interest at that time, ignoring any charging order under a provision listed in subsection (4).
(4) The provisions are—
(a) section 9 of the Drug Trafficking Offences Act 1986 (c. 32);
(b) section 78 of the Criminal Justice Act 1988 (c. 33);
(c) Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));
(d) section 27 of the Drug Trafficking Act 1994 (c. 37);
(e) Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).
(5) This section has effect subject to sections 228 and 229.
(1) This section applies for the purpose of deciding the value of property obtained by a person as a result of or in connection with his criminal conduct; and the material time is the time the court makes its decision.
(2) The value of the property at the material time is the greater of the following—
(a) the value of the property (at the time the person obtained it) adjusted to take account of later changes in the value of money;
(b) the value (at the material time) of the property found under subsection (3).
(3) The property found under this subsection is as follows—
(a) if the person holds the property obtained, the property found under this subsection is that property;
(b) if he holds no part of the property obtained, the property found under this subsection is any property which directly or indirectly represents it in his hands;
(c) if he holds part of the property obtained, the property found under this subsection is that part and any property which directly or indirectly represents the other part in his hands.
(4) The references in subsection (2)(a) and (b) to the value are to the value found in accordance with section 227.
(1) The value at any time (the material time) of a tainted gift is the greater of the following—
(a) the value (at the time of the gift) of the property given, adjusted to take account of later changes in the value of money;
(b) the value (at the material time) of the property found under subsection (2).
(2) The property found under this subsection is as follows—
(a) if the recipient holds the property given, the property found under this subsection is that property;
(b) if the recipient holds no part of the property given, the property found under this subsection is any property which directly or indirectly represents it in his hands;
(c) if the recipient holds part of the property given, the property found under this subsection is that part and any property which directly or indirectly represents the other part in his hands.
(3) The references in subsection (1)(a) and (b) to the value are to the value found in accordance with section 227.
(1) Property is free unless it falls within subsection (2) or (3).
(2) Property falls within this subsection if an order is in force in respect of it under any of these provisions—
(a) section 27 of the Misuse of Drugs Act 1971 (c. 38) (forfeiture orders);
(b) Article 11 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (deprivation orders);
(c) Part 2 of the Proceeds of Crime (Scotland) Act 1995 (c. 43) (forfeiture of property used in crime);
(d) section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) or Chapter 4 of Part 7 of the Sentencing Code (deprivation orders);
(e) section 23, 23A or 111 of the Terrorism Act 2000 (c. 11) (forfeiture orders);
(ea) paragraph 3(2), 6(2), 10D(1), 10G(2), 10J(3), 10S(2) , 10Z2(3), 10Z7AG(1), 10Z7BB(2), 10Z7CA(3), 10Z7CE(3) or 10Z7DG(3) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001;
(f) section 245A, 246, 255A, 256, 266, 295(2) , 298(2), 303L(1), 303O(3), 303R(3), 303Z3 , 303Z14(4), 303Z32(1), 303Z37(2), 303Z41(4), 303Z45(3) or 303Z60(4) of this Act.
(3) Property falls within this subsection if—
(a) it has been forfeited in pursuance of a forfeiture notice under section 297A or an account forfeiture notice under section 303Z9;
(b) it is detained under section 297C , 297D , 298(4) or 303O(9).
(ba) it is detained under section 303Z30, 303Z31 or 303Z32 in a case where section 303Z42(2) applies;
(bb) it is detained under section 303Z57 or 303Z58 in a case where section 303Z60(6) applies;
(c) it is the forfeitable property in relation to an order under section 303Q(1) or 303Z44(1).
(d) it has been forfeited in pursuance of a cash forfeiture notice under paragraph 5A of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 or an account forfeiture notice under paragraph 10W of that Schedule;
(e) it is detained under paragraph 5B, 5C, 9A or 10G(7) of that Schedule;
(ea) it is detained under paragraph 10Z7AE, 10Z7AF or 10Z7AG of that Schedule in a case where paragraph 10Z7CB(2) of that Schedule applies;
(eb) it is detained under paragraph 10Z7DD or 10Z7DE of that Schedule in a case where paragraph 10Z7DG(5) of that Schedule applies;
(f) it is the forfeitable property in relation to an order under paragraph 10I(1) or 10Z7CD(1) of that Schedule.
(1) Property is all property wherever situated and includes—
(a) money;
(b) all forms of real or personal property;
(c) things in action and other intangible or incorporeal property.
(2) The following rules apply in relation to property—
(a) property is held by a person if he holds an interest in it;
(b) property is obtained by a person if he obtains an interest in it;
(c) property is transferred by one person to another if the first one transfers or grants an interest in it to the second;
(d) references to property held by a person include references to property vested in his trustee in bankruptcy or liquidator or in the trustee or interim trustee in the sequestration, under the Bankruptcy (Scotland) Act 2016), of his estate;
(e) references to an interest held by a person beneficially in property include references to an interest which would be held by him beneficially if the property were not so vested;
(f) references to an interest, in relation to land in Northern Ireland or England and Wales, are to any legal estate or equitable interest or power;
(g) references to an interest, in relation to land in Scotland, are to any estate, interest, servitude or other heritable right in or over land, including a heritable security;
(h) references to an interest, in relation to property other than land, include references to a right (including a right to possession).
(1) “Cryptoasset” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically.
(2) “Crypto wallet” means—
(a) software,
(b) hardware,
(c) a physical item, or
(d) any combination of the things mentioned in paragraphs (a) to (c),
which is used to store the cryptographic private key that allows cryptoassets to be accessed.
(3) “Cryptoasset-related item” has the meaning given in section 195C(5B).
(4) The circumstances in which a cryptoasset is taken to be “destroyed” include circumstances where it is—
(a) disposed of,
(b) transferred, or
(c) otherwise dealt with,
in such a way as to ensure, or to make it virtually certain, that it will not be the subject of any further transactions or be dealt with again in any other way.
(5) The Secretary of State may by regulations amend the definitions of “cryptoasset” and “crypto wallet” in this section.
(6) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under subsection (5).
(1) Proceedings for an offence are started—
(a) when a justice of the peace issues a summons or warrant under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/ 1675 (N.I. 26)) in respect of the offence;
(b) when a person is charged with the offence after being taken into custody without a warrant;
(c) when an indictment is preferred under section 2(2)(c), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)).
(2) If more than one time is found under subsection (1) in relation to proceedings they are started at the earliest of them.
(3) If the defendant is acquitted on all counts in proceedings for an offence, the proceedings are concluded when he is acquitted.
(4) If the defendant is convicted in proceedings for an offence and the conviction is quashed or the defendant is pardoned before a confiscation order is made, the proceedings are concluded when the conviction is quashed or the defendant is pardoned.
(5) If a confiscation order is made against the defendant in proceedings for an offence (whether the order is made by the Crown Court or the Court of Appeal) the proceedings are concluded—
(a) when the order is satisfied or discharged, or
(b) when the order is quashed and there is no further possibility of an appeal against the decision to quash the order.
(6) If the defendant is convicted in proceedings for an offence but the Crown Court decides not to make a confiscation order against him, the following rules apply—
(a) if an application for leave to appeal under section 181(2) is refused, the proceedings are concluded when the decision to refuse is made;
(b) if the time for applying for leave to appeal under section 181(2) expires without an application being made, the proceedings are concluded when the time expires;
(c) if on an appeal under section 181(2) the Court of Appeal confirms the Crown Court’s decision and an application for leave to appeal under section 183 is refused, the proceedings are concluded when the decision to refuse is made;
(d) if on appeal under section 181(2) the Court of Appeal confirms the Crown Court’s decision, and the time for applying for leave to appeal under section 183 expires without an application being made, the proceedings are concluded when the time expires;
(e) if on appeal under section 181(2) the Court of Appeal confirms the Crown Court’s decision, and on appeal under section 183 the House of Lords confirms the Court of Appeal’s decision, the proceedings are concluded when the Supreme Court confirms the decision;
(f) if on appeal under section 181(2) the Court of Appeal directs the Crown Court to reconsider the case, and on reconsideration the Crown Court decides not to make a confiscation order against the defendant, the proceedings are concluded when the Crown Court makes that decision;
(g) if on appeal under section 183 the Supreme Court directs the Crown Court to reconsider the case, and on reconsideration the Crown Court decides not to make a confiscation order against the defendant, the proceedings are concluded when the Crown Court makes that decision.
(7) Any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored for the purposes of subsection (6).
(8) In applying subsection (6) the fact that a court may decide on a later occasion to make a confiscation order against the defendant must be ignored.