Law

Proceeds of Crime Act 2002

United Kingdom · statute

Ask the law about thisMore laws of United KingdomFor machines: Markdown

Open at the publisher →

In force since 2026-06-30, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 8c5649d421d294899751b7f7617ad9be09fd42589eb39c3a9f8792f147477717

Contents: 824 provisions
  1. Title and introductory text
  2. 1 The Agency and its Director
  3. 2 Director’s functions: general
  4. 2A Contribution to the reduction of crime
  5. 2B The National Crime Agency and its officers
  6. 2C Prosecuting authorities
  7. 3 Accreditation and training
  8. 4 Co-operation
  9. 5 Advice and assistance
  10. 5A The principal objective
  11. 6 Making of order
  12. 7 Recoverable amount
  13. 8 Defendant’s benefit
  14. 9 Available amount
  15. 9A Hidden property
  16. 10 Assumptions to be made in case of criminal lifestyle
  17. 10A Determination of extent of defendant's interest in property
  18. 11 Time for payment
  19. 12 Interest on unpaid sums
  20. 13 Effect of order on court’s other powers
  21. 13A Orders for securing compliance with confiscation order
  22. 13B Appeals against orders under section 13A
  23. 14 Postponement
  24. 15 Effect of postponement
  25. 15A Timing of confiscation proceedings and effect on sentencing
  26. 15B Early resolution meeting
  27. 15C Early resolution hearing
  28. 16 Statement of information
  29. 17 Defendant’s response to statement of information
  30. 18 Provision of information by defendant
  31. 18A Provision of information as to defendant's interest in property
  32. 19 No order made: reconsideration of case
  33. 20 No order made: reconsideration of benefit
  34. 21 Order made: reconsideration of benefit
  35. 21A Order made: reconsideration of benefit on decrease in value and sale etc
  36. 22 Order made: reconsideration of available amount
  37. 22A Increased available amount: compensation directions
  38. 23 Inadequacy of available amount: variation of order
  39. 24 Inadequacy of available amount: discharge of order
  40. 25 Small amount outstanding: discharge of order
  41. 25A Recovery from estate of deceased defendant impractical: discharge of order
  42. 26 Information
  43. 27 Defendant convicted or committed
  44. 28 Defendant neither convicted nor acquitted
  45. 29 Variation of order
  46. 30 Discharge of order
  47. 31 Appeal by prosecutor etc ...
  48. 32 Court’s powers on appeal
  49. 33 Appeal to Supreme Court
  50. 34 Enforcement authority
  51. 35 Enforcement as fines
  52. 36 Director appointed as enforcement authority
  53. 37 Director’s application for enforcement
  54. 38 Provisions about imprisonment or detention
  55. 39 Reconsideration etc: variation of prison term
  56. 40 Conditions for exercise of powers
  57. 41 Restraint orders
  58. 41ZA Exception for legal expenses in respect of offence with which confiscation proceedings concerned
  59. 41A Restraint orders: power to retain seized property etc.
  60. 42 Application, discharge and variation
  61. 42A Restraint orders: effect of conviction
  62. 43 Appeal to Court of Appeal
  63. 44 Appeal to Supreme Court
  64. 44A Detention of property pending appeal
  65. 45 Seizure
  66. 46 Hearsay evidence
  67. 47 Supplementary
  68. 47A Sections 47B to 47S: meaning of “appropriate officer”
  69. 47B Conditions for exercise of powers
  70. 47C Power to seize property
  71. 47D Search power: premises
  72. 47E Search power: people
  73. 47F Search power: vehicles
  74. 47G “Appropriate approval”
  75. 47H Exercise of powers without judicial approval
  76. 47I Report by appointed person on exercise of powers
  77. 47J Initial detention of seized property
  78. 47K Further detention pending making of restraint order
  79. 47L Further detention pending variation of restraint order
  80. 47M Further detention in other cases
  81. 47N Discharge, variation and lapse of detention order
  82. 47O Appeals
  83. 47P Detention of property pending section 47O appeal
  84. 47Q Hearsay evidence in detention order proceedings
  85. 47R Release of property
  86. 47S Codes of practice
  87. 48 Appointment
  88. 49 Powers
  89. 50 Appointment
  90. 51 Powers
  91. 52 Appointment
  92. 53 Powers
  93. 54 Enforcement receivers
  94. 55 Sums received by designated officer
  95. 56 Director’s receivers
  96. 57 Sums received by Director
  97. 58 Restraint orders
  98. 59 Enforcement receivers
  99. 60 Director’s receivers
  100. 61 Protection
  101. 62 Further applications
  102. 63 Discharge and variation
  103. 64 Management receivers: discharge
  104. 65 Appeal to Court of Appeal
  105. 66 Appeal to Supreme Court
  106. 67 Money
  107. 67ZA Cryptoassets
  108. 67ZB Meaning of “UK-connected cryptoasset service provider”
  109. 67A Seized personal property
  110. 67AA Destruction of seized cryptoassets
  111. 67B Costs of storage and realisation
  112. 67C Sections 67ZA to 67B: appeals
  113. 67D Proceeds of realisation
  114. 67E Appeals in relation to confiscation orders
  115. 67F Appeals under section 67E: supplementary
  116. 67G Appeals in relation to section 10A determinations
  117. 67H Appeals in relation to compliance orders
  118. 67I Appeals in relation to variations of confiscation order
  119. 67J Appeals in relation to restraint orders
  120. 67K Appeals in relation to management and enforcement receivers
  121. 67L Appeals in relation to realisation etc of seized property
  122. 68 Applications and appeals
  123. 69 Specific powers of court and receiver etc.
  124. 70 Committal by magistrates’ court
  125. 71 Sentencing by Crown Court
  126. 72 Serious default
  127. 73 Order varied or discharged
  128. 74 Enforcement abroad
  129. 75 Criminal lifestyle
  130. 76 Conduct and benefit
  131. 77 Tainted gifts
  132. 78 Gifts and their recipients
  133. 79 Value: the basic rule
  134. 80 Value of property obtained from conduct
  135. 80A Mortgages
  136. 81 Value of tainted gifts
  137. 82 Free property
  138. 83 Realisable property
  139. 84 Property: general provisions
  140. 84A Cryptoassets etc
  141. 85 Proceedings
  142. 86 Applications
  143. 87 Confiscation orders
  144. 87A No further possibility of appeal
  145. 88 Other interpretative provisions
  146. 89 Procedure on appeal to the Court of Appeal
  147. 90 Procedure on appeal to the Supreme Court
  148. 91 Crown Court Rules
  149. 92 Making of order
  150. 93 Recoverable amount
  151. 94 Accused’s benefit
  152. 95 Available amount
  153. 96 Assumptions to be made in case of criminal lifestyle
  154. 97 Effect of order on court’s other powers
  155. 97A Application of receipts: restitution order and victim surcharge
  156. 97B Orders for securing compliance with confiscation order
  157. 97C Breach of compliance order
  158. 97D Appeals against variation or discharge of compliance orders
  159. 98 Disposal of family home
  160. 99 Postponement
  161. 100 Effect of postponement
  162. 101 Statement of information
  163. 102 Accused’s response to statement of information
  164. 103 Provision of information by accused
  165. 104 No order made: reconsideration of case
  166. 105 No order made: reconsideration of benefit
  167. 106 Order made: reconsideration of benefit
  168. 107 Order made: reconsideration of available amount
  169. 108 Inadequacy of available amount: variation of order
  170. 109 Inadequacy of available amount: discharge of order
  171. 110 Information
  172. 111 Conviction or other disposal of accused
  173. 112 Accused neither convicted nor acquitted
  174. 113 Variation of order
  175. 114 Discharge of order
  176. 115 Appeal by prosecutor
  177. 116 Time for payment
  178. 116A Further time for payment due to coronavirus
  179. 117 Interest on unpaid sums
  180. 118 Application of provisions about fine enforcement
  181. 119 Conditions for exercise of powers
  182. 120 Restraint orders etc
  183. 120A Restraint orders: power to retain seized property etc.
  184. 121 Application, recall and variation
  185. 122 Appeals
  186. 122A Detention of property pending appeal
  187. 123 Inhibition of property affected by order
  188. 124 Arrestment of property affected by order
  189. 125 Management administrators
  190. 126 Seizure
  191. 127 Restraint orders: restriction on proceedings and remedies
  192. 127A Sections 127B to 127R: meaning of “appropriate officer”
  193. 127B Conditions for exercise of powers
  194. 127C Power to seize property
  195. 127D Search power: premises
  196. 127E Search power: people
  197. 127F Search power: vehicles
  198. 127G “Appropriate approval”
  199. 127H Exercise of powers without judicial approval
  200. 127I Report by appointed person on exercise of powers
  201. 127J Initial detention of seized property
  202. 127K Further detention pending making of restraint order
  203. 127L Further detention pending variation of restraint order
  204. 127M Further detention in other cases
  205. 127N Discharge, variation and lapse of detention order
  206. 127O Appeals
  207. 127P Detention of property pending section 127O appeal
  208. 127Q Release of property
  209. 127R Guidance by Lord Advocate
  210. 128 Enforcement administrators
  211. 129 Management administrators: discharge
  212. 130 Application of sums by enforcement administrator
  213. 131 Sums received by clerk of court
  214. 131ZA Money
  215. 131ZB Cryptoassets
  216. 131ZC Meaning of “UK-connected cryptoasset service provider”
  217. 131A Seized personal property
  218. 131AA Destruction of seized cryptoassets
  219. 131B Costs of storage and realisation
  220. 131C Sections 131ZB to 131B: appeals
  221. 131D Proceeds of realisation
  222. 132 Powers of court and administrator etc
  223. 133 Protection of administrators
  224. 134 Protection of persons affected
  225. 135 Recall and variation of order
  226. 136 Appeals
  227. 137 Administrators: further provision
  228. 138 Administrators: restriction on proceedings and remedies
  229. 139 Serious default
  230. 140 Confiscation order varied or discharged
  231. 141 Enforcement abroad
  232. 142 Criminal lifestyle
  233. 143 Conduct and benefit
  234. 144 Tainted gifts and their recipients
  235. 145 Value: the basic rule
  236. 146 Value of property obtained from conduct
  237. 147 Value of tainted gifts
  238. 148 Free property
  239. 149 Realisable property
  240. 150 Property: general provisions
  241. 150A Cryptoassets etc
  242. 151 Proceedings
  243. 152 Applications
  244. 153 Satisfaction of confiscation orders
  245. 153A No further possibility of appeal
  246. 154 Other interpretative provisions
  247. 155 Rules of court
  248. 156 Making of order
  249. 157 Recoverable amount
  250. 158 Defendant’s benefit
  251. 159 Available amount
  252. 160 Assumptions to be made in case of criminal lifestyle
  253. 160A Determination of extent of defendant's interest in property
  254. 161 Time for payment
  255. 162 Interest on unpaid sums
  256. 163 Effect of order on court’s other powers
  257. 163A Orders for securing compliance with confiscation order
  258. 163B Appeals against orders under section 163A
  259. 164 Postponement
  260. 165 Effect of postponement
  261. 166 Statement of information
  262. 167 Defendant’s response to statement of information
  263. 168 Provision of information by defendant
  264. 168A Provision of information as to defendant's interest in property
  265. 169 No order made: reconsideration of case
  266. 170 No order made: reconsideration of benefit
  267. 171 Order made: reconsideration of benefit
  268. 172 Order made: reconsideration of available amount
  269. 173 Inadequacy of available amount: variation of order
  270. 174 Inadequacy of available amount: discharge of order
  271. 175 Small amount outstanding: discharge of order
  272. 175A Recovery from estate of deceased defendant impractical: discharge of order
  273. 176 Information
  274. 177 Defendant convicted or committed
  275. 178 Defendant neither convicted nor acquitted
  276. 179 Variation of order
  277. 180 Discharge of order
  278. 181 Appeal by prosecutor etc ...
  279. 182 Court’s powers on appeal
  280. 183 Appeal to Supreme Court
  281. 184 Enforcement authority
  282. 185 Enforcement as fines etc
  283. 186 Director’s application for enforcement
  284. 187 Provisions about imprisonment or detention
  285. 188 Reconsideration etc: variation of prison term
  286. 189 Conditions for exercise of powers
  287. 190 Restraint orders
  288. 190A Restraint orders: power to retain seized property
  289. 191 Application, discharge and variation
  290. 192 Appeal to Court of Appeal
  291. 193 Appeal to Supreme Court
  292. 193A Detention of property pending appeal
  293. 194 Seizure
  294. 195 Supplementary
  295. 195A Sections 195B to 195S: meaning of “appropriate officer”
  296. 195B Conditions for exercise of powers
  297. 195C Power to seize property
  298. 195D Search power: premises
  299. 195E Search power: people
  300. 195F Search power: vehicles
  301. 195G “Appropriate approval”
  302. 195H Exercise of powers without judicial approval
  303. 195I Report by appointed person on exercise of powers
  304. 195J Initial detention of seized property
  305. 195K Further detention pending making of restraint order
  306. 195L Further detention pending variation of restraint order
  307. 195M Further detention in other cases
  308. 195N Discharge, variation and lapse of detention order
  309. 195O Appeals
  310. 195P Detention of property pending section 195O appeal
  311. 195Q Hearsay evidence in detention order proceedings
  312. 195R Release of property
  313. 195S Codes of practice : Secretary of State
  314. 195T Codes of practice: Department of Justice
  315. 196 Appointment
  316. 197 Powers
  317. 198 Appointment
  318. 199 Powers
  319. 200 Appointment
  320. 201 Powers
  321. 202 Enforcement receivers
  322. 203 Sums received by chief clerk
  323. 204 Director’s receivers
  324. 205 Sums received by Director
  325. 206 Restraint orders
  326. 207 Enforcement receivers
  327. 208 Director’s receivers
  328. 209 Protection
  329. 210 Further applications
  330. 211 Discharge and variation
  331. 212 Management receivers: discharge
  332. 213 Appeal to Court of Appeal
  333. 214 Appeal to Supreme Court
  334. 215 Money
  335. 215ZA Cryptoassets
  336. 215ZB Meaning of “UK-connected cryptoasset service provider”
  337. 215A Seized personal property
  338. 215AA Destruction of seized cryptoassets
  339. 215B Costs of storage and realisation
  340. 215C Sections 215ZA to 215B: appeals
  341. 215D Proceeds of realisation
  342. 216 Applications and appeals
  343. 217 Powers of court and receiver etc
  344. 218 Committal by magistrates’ court
  345. 219 Sentencing by Crown Court
  346. 220 Serious default
  347. 221 Order varied or discharged
  348. 222 Enforcement abroad
  349. 223 Criminal lifestyle
  350. 224 Conduct and benefit
  351. 225 Tainted gifts
  352. 226 Gifts and their recipients
  353. 227 Value: the basic rule
  354. 228 Value of property obtained from conduct
  355. 229 Value of tainted gifts
  356. 230 Free property
  357. 231 Realisable property
  358. 232 Property: general provisions
  359. 232A Cryptoassets etc
  360. 233 Proceedings
  361. 234 Applications
  362. 235 Confiscation orders
  363. 235A No further possibility of appeal
  364. 236 Other interpretative provisions
  365. 237 Procedure on appeal to the Court of Appeal
  366. 238 Procedure on appeal to the
  367. 239 Crown Court Rules
  368. 240 General purpose of this Part
  369. 241 “Unlawful conduct”
  370. 241A “Gross human rights abuse or violation”
  371. 242 “Property obtained through unlawful conduct”
  372. 243 Proceedings for recovery orders in England and Wales or Northern Ireland
  373. 244 Proceedings for recovery orders in Scotland
  374. 245 “Associated property”
  375. 245ZA Notice to local authority: Scotland
  376. 245A Application for property freezing order
  377. 245B Variation and setting aside of order
  378. 245C Exclusions
  379. 245D Restriction on proceedings and remedies
  380. 245E Receivers in connection with property freezing orders
  381. 245F Powers of receivers appointed under section 245E
  382. 245G Supervision of section 245E receiver and variations
  383. 246 Application for interim receiving order
  384. 247 Functions of interim receiver
  385. 248 Registration
  386. 249 Registration (Northern Ireland)
  387. 250 Duties of respondent etc.
  388. 251 Supervision of interim receiver and variation of order
  389. 252 Restrictions on dealing etc. with property
  390. 253 Restriction on proceedings and remedies
  391. 254 Exclusion of property which is not recoverable etc.
  392. 255 Reporting
  393. 255A Application for prohibitory property order
  394. 255B Variation and recall of prohibitory property order
  395. 255C Exclusions
  396. 255D Restriction on proceedings and remedies
  397. 255E Arrestment of property affected by prohibitory property order
  398. 255F Inhibition of property affected by prohibitory property order
  399. 255G Receivers in connection with prohibitory property orders
  400. 255H Powers of receivers appointed under section 255G
  401. 255I Supervision of PPO receiver and variations
  402. 256 Application for interim administration order
  403. 257 Functions of interim administrator
  404. 258 Inhibition of property affected by order
  405. 259 Duties of respondent etc.
  406. 260 Supervision of interim administrator and variation of order
  407. 261 Restrictions on dealing etc. with property
  408. 262 Restriction on proceedings and remedies
  409. 263 Exclusion of property which is not recoverable etc.
  410. 264 Reporting
  411. 265 Arrestment of property affected by interim administration order
  412. 266 Recovery orders
  413. 267 Functions of the trustee for civil recovery
  414. 268 Recording of recovery order (Scotland)
  415. 269 Rights of pre-emption, etc.
  416. 269A Leases and occupancy rights: Scotland
  417. 270 Associated and joint property
  418. 271 Agreements about associated and joint property
  419. 272 Associated and joint property: default of agreement
  420. 273 Payments in respect of rights under pension schemes
  421. 274 Consequential adjustment of liabilities under pension schemes
  422. 275 Pension schemes: supplementary
  423. 276 Consent orders
  424. 277 Consent orders: pensions
  425. 278 Limit on recovery
  426. 279 Section 278: supplementary
  427. 280 Applying realised proceeds
  428. 281 Victims of theft, etc.
  429. 282 Other exemptions
  430. 282A Scope of powers
  431. 282B Enforcement abroad before recovery order: enforcement authority
  432. 282C Enforcement abroad before recovery order: receiver or administrator
  433. 282CA Enforcement abroad before recovery order: PPO receiver
  434. 282D Evidence overseas: interim receiver or interim administrator
  435. 282E Evidence overseas: restrictions on use
  436. 282F Enforcement abroad: after recovery order
  437. 283 Compensation
  438. 284 Payment of interim administrator or trustee (Scotland)
  439. 285 Effect on diligence of recovery order (Scotland)
  440. 286 Scope of powers (Scotland)
  441. 286A Legal expenses excluded from freezing: required conditions
  442. 286B Legal expenses: regulations for purposes of section 266(8B) or 286A(3)
  443. 287 Financial threshold
  444. 288 Limitation
  445. 288A Costs orders and expenses orders
  446. 289 Searches
  447. 290 Prior approval
  448. 291 Report on exercise of powers
  449. 292 Code of practice
  450. 293 Code of practice (Scotland)
  451. 293A Code of practice (Northern Ireland)
  452. 294 Seizure of cash
  453. 295 Detention of seized cash
  454. 296 Interest
  455. 297 Release of detained cash
  456. 297A Forfeiture notice
  457. 297B Content
  458. 297C Effect
  459. 297D Detention following lapse of notice
  460. 297E Application to set aside forfeiture
  461. 297F Release of cash subject to forfeiture notice
  462. 297G Application of forfeited cash
  463. 298 Forfeiture
  464. 299 Appeal against decision under section 298
  465. 300 Application of forfeited cash
  466. 301 Victims and other owners
  467. 302 Compensation
  468. 302A Powers for prosecutors to appear in proceedings
  469. 303 “The minimum amount”
  470. 303A Financial investigators
  471. 303B “Listed asset”
  472. 303C Searches
  473. 303D Searches: supplemental provision
  474. 303E Prior approval
  475. 303F Report on exercise of powers
  476. 303G Code of practice: Secretary of State
  477. 303H Code of practice: Scotland
  478. 303I Code of practice: Northern Ireland
  479. 303J Seizure of listed assets
  480. 303K Initial detention of seized property
  481. 303L Further detention of seized property
  482. 303M Testing and safekeeping of property seized under section 303J
  483. 303N Release of detained property
  484. 303O Forfeiture
  485. 303P Associated and joint property
  486. 303Q Agreements about associated and joint property
  487. 303R Associated and joint property: default of agreement
  488. 303S Sections 303O to 303R: appeals
  489. 303T Realisation of forfeited property
  490. 303U Proceeds of realisation
  491. 303V Victims and other owners
  492. 303W Compensation
  493. 303X Powers for prosecutors to appear in proceedings
  494. 303Y “The minimum value”
  495. 303Z Financial investigators
  496. 303Z1 Application for account freezing order
  497. 303Z2 Restrictions on making of application under section 303Z1
  498. 303Z3 Making of account freezing order
  499. 303Z4 Variation and setting aside of account freezing order
  500. 303Z5 Exclusions
  501. 303Z6 Restriction on proceedings and remedies
  502. 303Z7 “Bank”
  503. 303Z8 “The minimum amount”
  504. 303Z9 Account forfeiture notice
  505. 303Z10 Giving of account forfeiture notice
  506. 303Z11 Lapse of account forfeiture notice
  507. 303Z12 Application to set aside forfeiture
  508. 303Z13 Application of money forfeited under account forfeiture notice
  509. 303Z14 Forfeiture order
  510. 303Z15 Continuation of account freezing order pending appeal
  511. 303Z16 Appeal against decision under section 303Z14
  512. 303Z17 Application of money forfeited under account forfeiture order
  513. 303Z17A Victims and other owners
  514. 303Z18 Compensation
  515. 303Z19 Powers for prosecutors to appear in proceedings
  516. 303Z20 Definitions
  517. 303Z21 Searches
  518. 303Z22 Searches: supplemental provision
  519. 303Z23 Prior approval
  520. 303Z24 Report on exercise of powers
  521. 303Z25 Codes of practice
  522. 303Z26 Seizure of cryptoasset-related items
  523. 303Z27 Initial detention of seized cryptoasset-related items
  524. 303Z28 Further detention of seized cryptoasset-related items
  525. 303Z29 Seizure of cryptoassets
  526. 303Z30 Prior authorisation for detention of cryptoassets
  527. 303Z31 Initial detention of seized cryptoassets
  528. 303Z32 Further detention of seized cryptoassets
  529. 303Z33 Safekeeping of cryptoassets and cryptoasset-related items
  530. 303Z34 Release of cryptoassets and cryptoasset-related items
  531. 303Z35 Definitions
  532. 303Z36 Application for crypto wallet freezing order
  533. 303Z37 Making of a crypto wallet freezing order
  534. 303Z38 Variation and setting aside of crypto wallet freezing order
  535. 303Z39 Exclusions
  536. 303Z40 Restrictions on proceedings and remedies
  537. 303Z41 Forfeiture order
  538. 303Z42 Forfeiture order: supplementary
  539. 303Z43 Associated and joint property
  540. 303Z44 Agreements about associated and joint property
  541. 303Z45 Associated and joint property: default of agreement
  542. 303Z46 Continuation of crypto wallet freezing order pending appeal
  543. 303Z47 Sections 303Z41 to 303Z45: appeals
  544. 303Z48 Realisation or destruction of forfeited cryptoassets etc
  545. 303Z49 Proceeds of realisation
  546. 303Z50 Victims and other owners: detained cryptoassets
  547. 303Z51 Victims and other owners: crypto wallet freezing orders
  548. 303Z52 Compensation
  549. 303Z53 Powers for prosecutors to appear in proceedings
  550. 303Z54 Detained cryptoassets: conversion
  551. 303Z55 Frozen crypto wallet: conversion
  552. 303Z56 Conversion: existing forfeiture proceedings
  553. 303Z57 Detained cryptoassets: detention of proceeds of conversion
  554. 303Z58 Frozen crypto wallets: detention of proceeds of conversion
  555. 303Z59 Release of detained converted cryptoassets
  556. 303Z60 Forfeiture order
  557. 303Z61 Appeal against decision under section 303Z60
  558. 303Z62 Application of forfeited converted cryptoassets
  559. 303Z63 Victims and other owners
  560. 303Z64 Compensation
  561. 303Z65 Powers for prosecutors to appear in proceedings
  562. 303Z66 Interpretation
  563. 304 Property obtained through unlawful conduct
  564. 305 Tracing property, etc.
  565. 306 Mixing property
  566. 307 Recoverable property: accruing profits
  567. 308 General exceptions
  568. 309 Other exemptions
  569. 310 Granting interests
  570. 311 Insolvency
  571. 311A Financial investigators
  572. 312 Performance of functions of Scottish Ministers by constables in Scotland
  573. 313 Restriction on performance of Director’s functions by police
  574. 314 Obtaining and disposing of property
  575. 315 Northern Ireland courts
  576. 316 General interpretation
  577. 317 The National Crime Agency's general Revenue functions
  578. 318 Revenue functions regarding employment
  579. 319 Source of income
  580. 320 Appeals
  581. 321 The National Crime Agency's functions: transfers of value
  582. 322 The National Crime Agency's functions: certain settlements
  583. 323 Functions
  584. 324 Exercise of Revenue functions
  585. 325 Declarations
  586. 326 Interpretation
  587. 327 Concealing etc
  588. 328 Arrangements
  589. 329 Acquisition, use and possession
  590. 330 Failure to disclose: regulated sector
  591. 331 Failure to disclose: nominated officers in the regulated sector
  592. 332 Failure to disclose: other nominated officers
  593. 333 Tipping off
  594. 333A Tipping off: regulated sector
  595. 333B Disclosures within an undertaking or group etc
  596. 333C Other permitted disclosures between institutions etc
  597. 333D Other permitted disclosures etc
  598. 333E Interpretation of sections 333A to 333D
  599. 334 Penalties
  600. 335 Appropriate consent
  601. 336 Nominated officer: consent
  602. 336A Power of court to extend the moratorium period
  603. 336B Proceedings under section 336A: supplementary
  604. 336C Extension of moratorium period pending determination of proceedings etc
  605. 336D Sections 336A to 336C: interpretation
  606. 337 Protected disclosures
  607. 338 Authorised disclosures
  608. 339 Form and manner of disclosures
  609. 339ZA Disclosures to the NCA
  610. 339ZB Voluntary disclosures within the regulated sector
  611. 339ZC Section 339ZB: disclosure requests and required notifications
  612. 339ZD Section 339ZB: effect on required disclosures under section 330 or 331
  613. 339ZE Limitations on application of section 339ZD(2) and (3)
  614. 339ZF Section 339ZB: supplementary
  615. 339ZG Sections 339ZB to 339ZF: interpretation
  616. 339ZH Information orders
  617. 339ZL Code of practice about certain information orders
  618. 339ZI Statements
  619. 339ZJ Appeals
  620. 339ZK Supplementary
  621. 339A Threshold amounts
  622. 340 Interpretation
  623. 341 Investigations
  624. 341A Orders and warrants sought for civil recovery investigations
  625. 342 Offences of prejudicing investigation
  626. 343 Judges
  627. 344 Courts
  628. 345 Production orders
  629. 346 Requirements for making of production order
  630. 347 Order to grant entry
  631. 348 Further provisions
  632. 349 Computer information
  633. 350 Government departments
  634. 351 Supplementary
  635. 352 Search and seizure warrants
  636. 353 Requirements where production order not available
  637. 354 Further provisions: general
  638. 355 Further provisions: confiscation , money laundering, detained cash, detained property , frozen funds and cryptoasset investigations
  639. 356 Further provisions: civil recovery ... and exploitation proceeds investigations
  640. 356A Certain offences in relation to execution of search and seizure warrants
  641. 357 Disclosure orders
  642. 358 Requirements for making of disclosure order
  643. 359 Offences
  644. 360 Statements
  645. 361 Further provisions
  646. 362 Supplementary
  647. 362A Unexplained wealth orders
  648. 362B Requirements for making of unexplained wealth order
  649. 362C Effect of order: cases of non-compliance
  650. 362D Effect of order: cases of compliance or purported compliance
  651. 362DA Extension of period for making determination where interim freezing order has been made
  652. 362DB Extension of period pending determination of proceedings etc
  653. 362E Offence
  654. 362F Statements
  655. 362G Disclosure of information, copying of documents, etc
  656. 362H Holding of property: trusts and company arrangements etc
  657. 362I Supplementary
  658. 362IA Annual reports
  659. 362J Application for interim freezing order
  660. 362K Variation and discharge of interim freezing order
  661. 362L Exclusions
  662. 362M Restrictions on proceedings and remedies
  663. 362N Receivers in connection with interim freezing orders
  664. 362O Powers of receivers appointed under section 362N
  665. 362P Supervision of section 362N receiver and variations
  666. 362Q Registration
  667. 362R Compensation
  668. 362S Enforcement abroad: enforcement authority
  669. 362T Enforcement abroad: receiver
  670. 362U Costs orders
  671. 363 Customer information orders
  672. 364 Meaning of customer information
  673. 365 Requirements for making of customer information order
  674. 366 Offences
  675. 367 Statements
  676. 368 Disclosure of information
  677. 369 Supplementary
  678. 370 Account monitoring orders
  679. 371 Requirements for making of account monitoring order
  680. 372 Statements
  681. 373 Applications
  682. 374 Disclosure of information
  683. 375 Supplementary
  684. 375A Evidence overseas
  685. 375B Evidence overseas: restrictions on use
  686. 375C Restriction on exercise of certain powers conferred on officers of Revenue and Customs
  687. 376 Evidence overseas
  688. 377 Code of practice of Secretary of State etc.
  689. 377ZA Code of practice (Northern Ireland)
  690. 377ZB Disapplication of PACE codes
  691. 377A Code of practice of Attorney General or Advocate General for Northern Ireland
  692. 378 Officers
  693. 379 Miscellaneous
  694. 380 Production orders
  695. 381 Requirements for making of production order
  696. 382 Order to grant entry
  697. 383 Further provisions
  698. 384 Computer information
  699. 385 Government departments
  700. 386 Supplementary
  701. 387 Search warrants
  702. 388 Requirements where production order not available
  703. 389 Further provisions: general
  704. 390 Further provisions: confiscation, civil recovery , detained cash , detained property, frozen funds , money laundering and cryptoasset
  705. 391 Disclosure orders
  706. 392 Requirements for making of disclosure order
  707. 393 Offences
  708. 394 Statements
  709. 395 Further provisions
  710. 396 Supplementary
  711. 396A Unexplained wealth orders
  712. 396B Requirements for making of unexplained wealth order
  713. 396C Effect of order: cases of non-compliance
  714. 396D Effect of order: cases of compliance or purported compliance
  715. 396DA Extension of period for making determination where interim freezing order has been made
  716. 396DB Extension of period pending determination of proceedings etc
  717. 396E Offence
  718. 396F Statements
  719. 396G Disclosure of information, copying of documents, etc
  720. 396H Holding of property: trusts and company arrangements etc
  721. 396I Supplementary
  722. 396J Application for interim freezing order
  723. 396K Variation and recall of interim freezing order
  724. 396L Exclusions
  725. 396M Restrictions on proceedings and remedies
  726. 396N Arrestment of property affected by interim freezing order
  727. 396O Inhibition of property affected by interim freezing order
  728. 396P Receivers in connection with interim freezing orders
  729. 396Q Powers of receivers appointed under section 396P
  730. 396R Supervision of section 396P receiver and variations
  731. 396S Compensation
  732. 396T Enforcement abroad: Scottish Ministers
  733. 396U Enforcement abroad: receiver
  734. 396V Expenses orders
  735. 397 Customer information orders
  736. 398 Meaning of customer information
  737. 399 Requirements for making of customer information order
  738. 400 Offences
  739. 401 Statements
  740. 402 Further provisions
  741. 403 Supplementary
  742. 404 Account monitoring orders
  743. 405 Requirements for making of account monitoring order
  744. 406 Statements
  745. 407 Further provisions
  746. 408 Supplementary
  747. 408A Evidence overseas
  748. 408B Evidence overseas: restrictions on use
  749. 408C Restriction on exercise of certain powers conferred on officers of Revenue and Customs
  750. 409 Jurisdiction of sheriff
  751. 410 Code of practice
  752. 411 Performance of functions of Scottish Ministers by constables in Scotland
  753. 412 Interpretation
  754. 412A Power to vary monetary amounts
  755. 413 Criminal conduct
  756. 414 Property
  757. 415 Money laundering offences
  758. 416 Other interpretative provisions
  759. 417 Modifications of the 1986 Act
  760. 418 Restriction of powers
  761. 419 Tainted gifts
  762. 420 Modifications of the 2016 Act
  763. 421 Restriction of powers
  764. 422 Tainted gifts
  765. 423 Modifications of the 1989 Order
  766. 424 Restriction of powers
  767. 425 Tainted gifts
  768. 426 Winding up under the 1986 Act
  769. 427 Tainted gifts
  770. 428 Winding up under the 1989 Order
  771. 429 Tainted gifts
  772. 430 Floating charges
  773. 431 Limited liability partnerships
  774. 432 Insolvency practitioners
  775. 433 Meaning of insolvency practitioner
  776. 434 Interpretation
  777. 435 Use of information by certain authorities
  778. 436 Disclosure of information to certain authorities
  779. 437 Further disclosure
  780. 438 Disclosure of information by certain authorities
  781. 439 Disclosure of information to Lord Advocate and to Scottish Ministers
  782. 440 Further disclosure
  783. 441 Disclosure of information by Lord Advocate and by Scottish Ministers
  784. 442 Restriction on disclosure for overseas purposes
  785. 442A Data protection legislation
  786. 443 Enforcement in different parts of the United Kingdom
  787. 444 External requests and orders
  788. 445 External investigations
  789. 445A Sharing of beneficial ownership information
  790. 446 Rules of court
  791. 447 Interpretation
  792. 448 Tax
  793. 449 NCA officers: pseudonyms
  794. 449A Staff of relevant Directors: pseudonyms
  795. 450 Pseudonyms: Scotland
  796. 451 Revenue and Customs prosecutions
  797. 452 Crown servants
  798. 453 References to financial investigators
  799. 453A Certain offences in relation to financial investigators
  800. 453B Certain offences in relation to SFO officers
  801. 453C Obstruction offence in relation to immigration officers
  802. 454 Customs officers
  803. 454A Serious Fraud Office
  804. 455 Enactment
  805. 456 Amendments
  806. 457 Repeals and revocations
  807. 458 Commencement
  808. 459 Orders and regulations
  809. 460 Finance
  810. 461 Extent
  811. 462 Short title
  812. SCHEDULE 1 Assets Recovery Agency
  813. SCHEDULE 2 Lifestyle offences: England and Wales
  814. SCHEDULE 3 Administrators: further provision
  815. SCHEDULE 4 Lifestyle offences: Scotland
  816. SCHEDULE 5 Lifestyle offences: Northern Ireland
  817. SCHEDULE 6 Powers of interim receiver or administrator
  818. SCHEDULE 7 Powers of trustee for civil recovery
  819. SCHEDULE 7A Connection with relevant part of United Kingdom
  820. SCHEDULE 8 Forms of declarations
  821. SCHEDULE 9 Regulated sector and supervisory authorities
  822. SCHEDULE 10 Tax
  823. SCHEDULE 11 Amendments
  824. SCHEDULE 12 Repeals and revocations

Proposed changes to this act

No one has proposed a change to this act yet.

824 provisions

202 Enforcement receivers

(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.

Propose a change

203 Sums received by chief clerk

(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.

Propose a change

204 Director’s receivers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

205 Sums received by Director

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

206 Restraint orders

(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.

Propose a change

207 Enforcement receivers

(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).

Propose a change

208 Director’s receivers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

209 Protection

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.

Propose a change

210 Further applications

(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.

Propose a change

211 Discharge and variation

(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).

Propose a change

212 Management receivers: discharge

(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.

Propose a change

213 Appeal to Court of Appeal

(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.

Propose a change

214 Appeal to Supreme Court

(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.

Propose a change

215 Money

(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.

Propose a change

215ZA Cryptoassets

(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.

Propose a change

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).

Propose a change

215A Seized personal property

(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.

Propose a change

215AA Destruction of seized cryptoassets

(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.

Propose a change

215B Costs of storage and realisation

(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.

Propose a change

215C Sections 215ZA to 215B: appeals

(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.

Propose a change

215D Proceeds of realisation

(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).

Propose a change

216 Applications and appeals

(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).

Propose a change

217 Powers of court and receiver etc

(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.

Propose a change

218 Committal by magistrates’ court

(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.

Propose a change

219 Sentencing by Crown Court

(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.

Propose a change

220 Serious default

(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).

Propose a change

221 Order varied or discharged

(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.

Propose a change

222 Enforcement abroad

(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.

Propose a change

223 Criminal lifestyle

(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).

Propose a change

224 Conduct and benefit

(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.

Propose a change

225 Tainted gifts

(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.

Propose a change

226 Gifts and their recipients

(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.

Propose a change

227 Value: the basic rule

(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.

Propose a change

228 Value of property obtained from conduct

(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.

Propose a change

229 Value of tainted gifts

(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.

Propose a change

230 Free property

(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.

Propose a change

231 Realisable property

Realisable property is— (a) any free property held by the defendant; (b) any free property held by the recipient of a tainted gift.

Propose a change

232 Property: general provisions

(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).

Propose a change

232A Cryptoassets etc

(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).

Propose a change

233 Proceedings

(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.

Propose a change

← Find another law

Proceeds of Crime Act 2002