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

25A Recovery from estate of deceased defendant impractical: discharge of order

(1) This section applies if— (a) a court has made a confiscation order, (b) the defendant dies while the order is not satisfied, and (c) the designated officer for a magistrates' court applies to the Crown Court for the discharge of the order. (2) The court may discharge the order if it appears to the court that— (a) it is not possible to recover anything from the estate of the deceased for the purpose of satisfying the order to any extent, or (b) it would not be reasonable to make any attempt, or further attempt, to recover anything from the estate of the deceased for that purpose.

Propose a change

26 Information

(1) This section applies if— (a) the court proceeds under section 6 in pursuance of section 19 or 20, or (b) the prosecutor ... applies under section 21. (2) In such a case— (a) the prosecutor ... must give the court a statement of information within the period the court orders; (b) section 16 applies accordingly (with appropriate modifications where the prosecutor ... applies under section 21); (c) section 17 applies accordingly; (d) section 18 applies as it applies in the circumstances mentioned in section 18(1).

Propose a change

27 Defendant convicted or committed

(1) This section applies if the following two conditions are satisfied. (2) The first condition is that a defendant falls within any of the following paragraphs— (a) he absconds and, either before or after doing so, he is convicted of an offence or offences in proceedings before the Crown Court; (b) he absconds after being committed to the Crown Court for sentence in respect of an offence or offences under any provision of sections 14 to 20 of the Sentencing Code; (c) he absconds after being committed to the Crown Court in respect of an offence or offences under section 70 below (committal with a view to a confiscation order being considered). (3) The second condition is that— (a) the prosecutor ... applies to the Crown Court to proceed under this section, and (b) the court believes it is appropriate for it to do so. (4) If this section applies the court must proceed under section 6 in the same way as it must proceed if the two conditions there mentioned are satisfied; but this is subject to subsection (5). (5) If the court proceeds under section 6 as applied by this section, this Part has effect with these modifications— (a) any person the court believes is likely to be affected by an order under section 6 is entitled to appear before the court and make representations; (b) the court must not make an order under section 6 unless the prosecutor ... has taken reasonable steps to contact the defendant; (c) section 6(9) applies as if the reference to subsection (2) were to subsection (2) of this section; (d) sections 10, 16(4), 17 and 18 must be ignored; (e) sections 19, 20 and 21 must be ignored while the defendant is still an absconder. (6) Once the defendant ceases to be an absconder— (a) section 19 has effect as if subsection (1) read— (1) This section applies if— (a) at a time when the first condition in section 27 was satisfied the court did not proceed under section 6, (b) before the end of the period of six years starting with the day when the defendant ceased to be an absconder, the prosecutor applies to the Crown Court to proceed under section 6, and (c) the court believes it is appropriate for it to do so. ; (b) section 20 has effect as if subsection (4) read— (4) The second condition is that— (a) before the end of the period of six years starting with the day when the defendant ceased to be an absconder, the prosecutor applies to the Crown Court to reconsider whether the defendant has benefited from his general or particular criminal conduct (as the case may be), and (b) the court believes it is appropriate for it to do so. ; (c) section 21 has effect as if subsection (1) read— (1) This section applies if— (a) a court has made a confiscation order, (b) the prosecutor believes that if the court were to find the amount of the defendant's benefit in pursuance of this section it would exceed the relevant amount, (c) before the end of the period of six years starting with the day when the defendant ceased to be an absconder, the prosecutor applies to the Crown Court to proceed under this section, and (d) the court believes it is appropriate for it to do so. ; (d) the modifications set out in subsection (5)(a) to (d) of this section do not apply to proceedings that take place by virtue of section 19, 20 or 21 (as applied by this subsection).

Propose a change

28 Defendant neither convicted nor acquitted

(1) This section applies if the following two conditions are satisfied. (2) The first condition is that— (a) proceedings for an offence or offences are started against a defendant but are not concluded, (b) he absconds, and (c) the period of three months (starting with the day the court believes he absconded) has ended. (3) The second condition is that— (a) the prosecutor ... applies to the Crown Court to proceed under this section, and (b) the court believes it is appropriate for it to do so. (4) If this section applies the court must proceed under section 6 in the same way as it must proceed if the two conditions there mentioned are satisfied; but this is subject to subsection (5). (5) If the court proceeds under section 6 as applied by this section, this Part has effect with these modifications— (a) any person the court believes is likely to be affected by an order under section 6 is entitled to appear before the court and make representations; (b) the court must not make an order under section 6 unless the prosecutor ... has taken reasonable steps to contact the defendant; (c) section 6(9) applies as if the reference to subsection (2) were to subsection (2) of this section; (d) sections 10, 16(4) and 17 to 20 must be ignored; (e) section 21 must be ignored while the defendant is still an absconder. (6) Once the defendant has ceased to be an absconder— (a) section 21 has effect as if subsection (1) read— (1) This section applies if— (a) a court has made a confiscation order, (b) the prosecutor believes that if the court were to find the amount of the defendant's benefit in pursuance of this section it would exceed the relevant amount, (c) before the end of the period of six years starting with the day when the defendant ceased to be an absconder, the prosecutor applies to the Crown Court to proceed under this section, and (d) the court believes it is appropriate for it to do so. ; (b) the modifications set out in subsection (5)(a) to (d) of this section do not apply to proceedings that take place by virtue of section 21 (as applied by this subsection). (7) If— (a) the court makes an order under section 6 as applied by this section, and (b) the defendant is later convicted in proceedings before the Crown Court of the offence (or any of the offences) concerned, section 6 does not apply so far as that conviction is concerned.

Propose a change

29 Variation of order

(1) This section applies if— (a) the court makes a confiscation order under section 6 as applied by section 28, (b) the defendant ceases to be an absconder, (c) he is convicted of an offence (or any of the offences) mentioned in section 28(2)(a), (d) he believes that the amount required to be paid was too large (taking the circumstances prevailing when the amount was found for the purposes of the order), and (e) before the end of the relevant period he applies to the Crown Court to consider the evidence on which his belief is based. (2) If (after considering the evidence) the court concludes that the defendant’s belief is well founded— (a) it must find the amount which should have been the amount required to be paid (taking the circumstances prevailing when the amount was found for the purposes of the order), and (b) it may vary the order by substituting for the amount required to be paid such amount as it believes is just. (3) The relevant period is the period of 28 days starting with— (a) the date on which the defendant was convicted of the offence mentioned in section 28(2)(a), or (b) if there are two or more offences and the convictions were on different dates, the date of the latest. (4) But in a case where section 28(2)(a) applies to more than one offence the court must not make an order under this section unless it is satisfied that there is no possibility of any further proceedings being taken or continued in relation to any such offence in respect of which the defendant has not been convicted.

Propose a change

30 Discharge of order

(1) Subsection (2) applies if— (a) the court makes a confiscation order under section 6 as applied by section 28, (b) the defendant is later tried for the offence or offences concerned and acquitted on all counts, and (c) he applies to the Crown Court to discharge the order. (2) In such a case the court must discharge the order. (3) Subsection (4) applies if— (a) the court makes a confiscation order under section 6 as applied by section 28, (b) the defendant ceases to be an absconder, (c) subsection (1)(b) does not apply, and (d) he applies to the Crown Court to discharge the order. (4) In such a case the court may discharge the order if it finds that— (a) there has been undue delay in continuing the proceedings mentioned in section 28(2), or (b) the prosecutor does not intend to proceed with the prosecution. (5) If the court discharges a confiscation order under this section it may make such a consequential or incidental order as it believes is appropriate.

Propose a change

31 Appeal by prosecutor etc ...

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

Propose a change

32 Court’s powers on appeal

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

Propose a change

33 Appeal to Supreme Court

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

Propose a change

34 Enforcement authority

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

Propose a change

35 Enforcement as fines

(1) This section applies if a court— (a) makes a confiscation order, and (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Sections 129(1) to (3) and (5) and 132(1) to (4) of the Sentencing Code (functions of court as to fines and enforcing fines) apply as if the amount ordered to be paid were a fine imposed on the defendant by the court making the confiscation order. (2A) Where a court is fixing a term of imprisonment or detention under section 129(3) of the Sentencing Code (as applied by subsection (2) above) in respect of an amount ordered to be paid under a confiscation order, the maximum terms are those specified in the second column of the Table for amounts described in the corresponding entry in the first column. TABLE Amount | Maximum term £10,000 or less | 6 months More than £10,000 but no more than £500,000 | 5 years More than £500,000 but no more than £1 million | 7 years More than £1 million | 14 years (2B) In the application of subsection (2) of section 129 of the Sentencing Code by virtue of subsection (2) above, the reference to subsections (3) to (5) of that section is to be read as a reference to— (a) subsections (3) and (5) of that section, and (b) subsection (2A) above. (2C) The Secretary of State may by order— (a) amend subsection (2A) so as to provide for minimum terms of imprisonment or detention under section 129(3) of the Sentencing Code (as applied by subsection (2) above) in respect of amounts ordered to be paid under a confiscation order; (b) amend the Table in subsection (2A) so as to remove, alter or replace any entry (including an entry inserted by virtue of the power in paragraph (a) of this subsection) or to add any entry. (3) In the application of Part 3 of the Magistrates’ Courts Act 1980 (c. 43) to an amount payable under a confiscation order— (a) ignore section 75 of that Act (power to dispense with immediate payment); (b) such an amount is not a sum adjudged to be paid by a conviction for the purposes of section 81 (enforcement of fines imposed on young offenders) or a fine for the purposes of section 85 (remission of fines) of that Act; (c) in section 87 of that Act ignore subsection (3) (inquiry into means).

Propose a change

36 Director appointed as enforcement authority

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

Propose a change

37 Director’s application for enforcement

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

Propose a change

38 Provisions about imprisonment or detention

(1) Subsection (2) applies if— (a) a warrant committing the defendant to prison or detention is issued for a default in payment of an amount ordered to be paid under a confiscation order in respect of an offence or offences, and (b) at the time the warrant is issued the defendant is liable to serve a term of custody in respect of the offence (or any of the offences). (2) In such a case the term of imprisonment or of detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged 18 to 20 for default) to be served in default of payment of the amount does not begin to run until after the term mentioned in subsection (1)(b) above. (3) The reference in subsection (1)(b) to the term of custody the defendant is liable to serve in respect of the offence (or any of the offences) is a reference to the term of imprisonment, or detention in a young offender institution, which he is liable to serve in respect of the offence (or any of the offences). (4) For the purposes of subsection (3) consecutive terms and terms which are wholly or partly concurrent must be treated as a single term and the following must be ignored— (a) any sentence suspended under section 264 or 277 of the Sentencing Code (including by virtue of section 264A or 277A of that Code) which has not taken effect at the time the warrant is issued; (b) in the case of a sentence of imprisonment passed with an order under section 47(1) of the Criminal Law Act 1977 (c. 45) (sentences of imprisonment partly served and partly suspended) any part of the sentence which the defendant has not at that time been required to serve in prison; (c) any term of imprisonment or detention fixed under section 129(3) of the Sentencing Code (term to be served in default of payment of fine etc) for which a warrant committing the defendant to prison or detention has not been issued at that time. (5) If the defendant serves a term of imprisonment or detention in default of paying any amount due under a confiscation order, his serving that term does not prevent the confiscation order from continuing to have effect so far as any other method of enforcement is concerned.

Propose a change

39 Reconsideration etc: variation of prison term

(1) Subsection (2) applies if— (a) a court varies a confiscation order under section 21, 21A, 22, 23, 29, 32 or 33, (b) the effect of the variation is to vary the maximum period applicable in relation to the order under section 35(2A), and (c) the result is that that maximum period is less than the term of imprisonment or detention fixed in respect of the order under section 129(3) of the Sentencing Code. (2) In such a case the court must fix a reduced term of imprisonment or detention in respect of the confiscation order under section 129(3) of the Sentencing Code in place of the term previously fixed. (3) Subsection (4) applies if paragraphs (a) and (b) of subsection (1) apply but paragraph (c) does not. (4) In such a case the court may amend the term of imprisonment or detention fixed in respect of the confiscation order under section 129(3) of the Sentencing Code. (5) If the effect of section 12 is to increase the maximum period applicable in relation to a confiscation order under section 35(2A), on the application of the prosecutor the Crown Court may amend the term of imprisonment or detention fixed in respect of the order under section 129(3) of that Code. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

40 Conditions for exercise of powers

(1) Section 41 (power to make a restraint order) applies if— (a) any of the first to fifth conditions is satisfied (see subsections (2) to (6)), and (b) there is a real risk that relevant realisable property held by any person will be dissipated unless the Crown Court exercises the powers conferred by section 41 in relation to that property. (1A) For the purposes of this section— (a) “relevant realisable property” is realisable property that could be used for the purpose of satisfying any confiscation order that has been or may be made against the defendant; (b) a reference to relevant realisable property being “dissipated” is to it ceasing to be available for that purpose. (1B) In determining for the purposes of subsection (1)(b) whether there is a real risk of relevant realisable property being dissipated, the court must, in particular, have regard to the following— (a) the nature of the relevant realisable property; (b) the extent to which any person has taken steps with a view to relevant realisable property being dissipated; (c) any circumstances of a person who holds the relevant realisable property that may affect the ease with which they would be able to secure the dissipation of the property; (d) any evidence of such a person’s character; (e) the nature of the defendant’s criminal conduct; (f) the amount by which the defendant is suspected or believed to have benefited from their criminal conduct; (g) the stage of the proceedings for an offence against the defendant. (2) The first condition is that— (a) a criminal investigation has been started in England and Wales with regard to an offence, and (b) there are reasonable grounds to suspect that the alleged offender has benefited from his criminal conduct. (3) The second condition is that— (a) proceedings for an offence have been started in England and Wales and not concluded, and (b) there is reasonable cause to believe that the defendant has benefited from his criminal conduct. (4) The third condition is that— (a) an application by the prosecutor ... has been made under section 19, 20, 27 or 28 and not concluded, or the court believes that such an application is to be made, and (b) there is reasonable cause to believe that the defendant has benefited from his criminal conduct. (5) The fourth condition is that— (a) an application by the prosecutor ... has been made under section 21 and not concluded, or the court believes that such an application is to be made, and (b) there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the defendant’s benefit exceeds the relevant amount (as defined in that section). (6) The fifth condition is that— (a) an application by the prosecutor ... has been made under section 22 and not concluded, or the court believes that such an application is to be made, and (b) there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the available amount exceeds the relevant amount (as defined in that section). (7) The second condition is not satisfied if the court believes that— (a) there has been undue delay in continuing the proceedings, or (b) the prosecutor does not intend to proceed. (8) If an application mentioned in the third, fourth or fifth condition has been made the condition is not satisfied if the court believes that— (a) there has been undue delay in continuing the application, or (b) the prosecutor ... does not intend to proceed. (9) If the first condition is satisfied— (a) references in this Part to the defendant are to the alleged offender; (b) references in this Part to the prosecutor are to the person the court believes is to have conduct of any proceedings for the offence; (c) section 77(9) has effect as if proceedings for the offence had been started against the defendant when the investigation was started.

Propose a change

41 Restraint orders

(1) In a case where this section applies (see section 40), the Crown Court may make an order (a restraint order) prohibiting any specified person from dealing with any realisable property held by him. (2) A restraint order may provide that it applies— (a) to all realisable property held by the specified person whether or not the property is described in the order; (b) to realisable property transferred to the specified person after the order is made. (2A) A restraint order must be made subject to an exception enabling relevant legal aid payments to be made (a legal aid exception). (2B) A relevant legal aid payment is a payment that the specified person is obliged to make— (a) by regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and (b) in connection with services provided in relation to an offence which falls within subsection (5), whether the obligation to make the payment arises before or after the restraint order is made. (3) A restraint order may be made subject to other exceptions, and an exception may in particular— (a) make provision for reasonable living expenses and reasonable legal expenses; (b) make provision for the purpose of enabling any person to carry on any trade, business, profession or occupation; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3A) In making an exception to a restraint order that makes provision for reasonable living expenses the court must, in particular, have regard to the following— (a) the period for which the restraint order is to have effect; (b) the specified person’s applicable standard of living (see subsection (11)); (c) the specified person’s means; (d) the value of relevant realisable property held by the specified person in relation to the amount that the defendant is, or is likely to be, required to pay under a confiscation order; (e) the extent to which expenditure by the specified person is necessary or desirable for the purpose of improving or maintaining the value of relevant realisable property held by them. (4) But where an exception to a restraint order is made under subsection (3), it must not make provision for any legal expenses which— (a) relate to an offence which falls within subsection (5), and (b) are incurred by the defendant or by a recipient of a tainted gift. (5) These offences fall within this subsection— (a) the offence mentioned in section 40(2) or (3), if the first or second condition (as the case may be) is satisfied; (b) the offence (or any of the offences) concerned, if the third, fourth or fifth condition is satisfied. (5A) A legal aid exception— (a) must be made subject to prescribed restrictions (if any) on— (i) the circumstances in which payments may be made in reliance on the exception, or (ii) the amount of the payments that may be made in reliance on the exception, (b) must be made subject to other prescribed conditions (if any), and (c) may be made subject to other conditions. (5B) Any other exception to a restraint order may be made subject to conditions. (6) Subsection (7) applies if— (a) a court makes a restraint order, and (b) the applicant for the order applies to the court to proceed under subsection (7) (whether as part of the application for the restraint order or at any time afterwards). (7) The court may make such order as it believes is appropriate for the purpose of ensuring that the restraint order is effective. (7A) Subsections (7B) to (7CA) apply where the Crown Court makes a restraint order (by virtue of the first condition in section 40) as a result of a criminal investigation having been started in England and Wales with regard to an offence. (7B) The court— (a) must include in the order a requirement for the applicant for the order to report to the court on the progress of the investigation at such times and in such manner as the order may specify (a “reporting requirement”), and (b) must discharge the order if proceedings for the offence are not started within a reasonable time (and this duty applies whether or not an application to discharge the order is made under section 42(3)). (7C) The duty under subsection (7B)(a) does not apply if the court decides that, in the circumstances of the case, a reporting requirement should not be imposed, but the court— (a) must give reasons for its decision, and (b) may at any time vary the order so as to include a reporting requirement (and this power applies whether or not an application to vary the order is made under section 42(3)). (7CA) In determining for the purposes of subsection (7B)(b) whether proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following— (a) the length of time that has passed since the making of the restraint order; (b) the reasons given by the prosecutor for proceedings not having started within that time; (c) the length and complexity of the criminal investigation, both before and after the making of the restraint order; (d) the extent to which the matters subject to that investigation include matters arising abroad; (e) the length and complexity of the potential proceedings; (f) the nature of the restraint order (for example, the extent of the property to which it relates); (g) the impact of the restraint order on any person affected by the order. (7D) In considering whether to make an order under subsection (7), the court must, in particular, consider whether any restriction or prohibition on the defendant's travel outside the United Kingdom ought to be imposed for the purpose mentioned in that subsection. (8) A restraint order does not affect property for the time being subject to a charge under any of these provisions— (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)). (9) Dealing with property includes removing it from England and Wales. (10) In this section “prescribed” means prescribed by regulations made by the Secretary of State. (11) In this section— “applicable standard of living”, in relation to a specified person, means— the person’s standard of living immediately before the making of the restraint order, or in a case where there is reasonable cause to believe that the person enjoys a higher standard of living as a result of criminal activity, the standard of living that the person would enjoy but for that activity; “relevant realisable property” has the same meaning as in section 40.

Propose a change

41ZA Exception for legal expenses in respect of offence with which confiscation proceedings concerned

(1) Where the court makes an exception to a restraint order under section 41(3) to which this section applies, it must ensure that the exception— (a) is limited to legal expenses that the specified person has reasonably incurred or that the person reasonably incurs, (b) specifies the total amount that may be released for legal expenses in pursuance of the exception, and (c) is made subject to the required conditions (in addition to any conditions imposed under section 41(3)(c)). (2) The Lord Chancellor may by regulations specify the required conditions for the purposes of subsection (1). (3) A required condition may, in particular— (a) restrict who may receive sums released in pursuance of the exception (by, for example, requiring released sums to be paid to professional legal advisers), or (b) be made for the purpose of controlling the amount of any sum released in pursuance of the exception in respect of an item of expenditure. (4) A required condition made for the purpose mentioned in subsection (3)(b) may, for example, provide for a sum to be released in respect of an item of expenditure only if— (a) the court has assessed the amount allowed by the regulations in respect of that item, and (b) the sum is released for payment of the assessed amount. (5) For the purposes of subsection (4), the regulations may, in particular, make provision— (a) limiting the amount of remuneration allowable to representatives for a unit of time worked; (b) limiting the total amount of remuneration allowable to representatives for work done in connection with proceedings or a step in proceedings; (c) limiting the amount allowable in respect of an item of expenditure incurred by a representative or incurred, otherwise than in respect of the remuneration of a representative, by a party to proceedings. (6) Before making regulations under this section, the Lord Chancellor must consult such persons as the Lord Chancellor considers appropriate.

Propose a change

41A Restraint orders: power to retain seized property etc.

(1) A restraint order may include provision authorising the detention of any property to which it applies if the property— (a) is seized by an appropriate officer under a relevant seizure power, or (b) is produced to an appropriate officer in compliance with a production order under section 345. (2) Provision under subsection (1) may, in particular— (a) relate to specified property, to property of a specified description or to all property to which the restraint order applies; (b) relate to property that has already been seized or produced or to property that may be seized or produced in future. (3) “Appropriate officer” means— (a) an accredited financial investigator; (b) a constable; (c) an officer of Revenue and Customs; (ca) an immigration officer; (d) a National Crime Agency officer, (e) a member of staff of the relevant director (within the meaning of section 352(5A)). (4) “Relevant seizure power” means a power to seize property which is conferred by or by virtue of— (a) section 47C, (b) section 352, or (c) Part 2 or 3 of the Police and Criminal Evidence Act 1984 (including as applied by order under section 114(2) of that Act). (5) The Secretary of State may by order amend the definition of “relevant seizure power”.

Propose a change

42 Application, discharge and variation

(1) A restraint order— (a) may be made only on an application by an applicant falling within subsection (2); (b) may be made on an ex parte application to a judge in chambers. (2) These applicants fall within this subsection— (a) the prosecutor; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) an accredited financial investigator. (3) An application to discharge or vary a restraint order or an order under section 41(7) may be made to the Crown Court by— (a) the person who applied for the order; (b) any person affected by the order. (4) Subsections (5) to (8) apply to an application under subsection (3). (5) The court— (a) may discharge the order; (b) may vary the order. (6) If the condition in section 40 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). (6A) The duty in subsection (6) to discharge a restraint order on the conclusion of proceedings does not apply where— (a) the proceedings are concluded by reason of a defendant's conviction for an offence being quashed, (b) the order is in force at the time when the conviction is quashed, and (c) the Court of Appeal has ordered the defendant to be retried for the offence or the prosecutor has applied for such an order to be made. (6B) But the court must discharge the restraint order— (a) if the Court of Appeal declines to make an order for the defendant to be retried, (b) if the Court of Appeal orders the defendant to be retried but proceedings for the retrial are not started within a reasonable time, or (c) otherwise, on the conclusion of proceedings for the retrial of the defendant. (7) If the condition in section 40 which was satisfied was that an investigation was started— (a) the court must discharge the order if within a reasonable time proceedings for the offence are not started; (b) otherwise, the court must discharge the order on the conclusion of the proceedings. (7A) In determining for the purposes of subsection (7)(a) whether proceedings for the offence have not started within a reasonable time, the court must, in particular, have regard to the following— (a) the length of time that has passed since the making of the restraint order; (b) the reasons given by the prosecutor for proceedings not having started within that time; (c) the length and complexity of the criminal investigation, both before and after the making of the restraint order; (d) the extent to which the matters subject to that investigation include matters arising abroad; (e) the length and complexity of the potential proceedings; (f) the nature of the restraint order (for example, the extent of the property to which it relates); (g) the impact of the restraint order on any person affected by the order. (8) If the condition in section 40 which was satisfied was that an application was to be made— (a) the court must discharge the order if within a reasonable time the application is not made; (b) otherwise, the court must discharge the order on the conclusion of the application.

Propose a change

42A Restraint orders: effect of conviction

(1) In making or varying a restraint order at any time after the defendant’s conviction for an offence, the Crown Court must have regard, in particular, to— (a) the fact of the defendant’s conviction, and (b) whether any of the following has been, or is likely to be, made against the defendant— (i) a compensation order under Chapter 2 of Part 7 of the Sentencing Code; (ii) an order requiring payment of a surcharge under section 42 of that Code; (iii) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013; (iv) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015. (2) Subsections (3) and (4) apply where— (a) the Crown Court makes a restraint order at a time when the defendant has not been convicted of an offence, and (b) the defendant is subsequently convicted of an offence at a time when the order remains in force. (3) If the restraint order is subject to an exception made under section 41(3), the Crown Court must review the appropriateness of the exception having regard, in particular, to the matters mentioned in subsection (1). (4) Following that review the court may vary the restraint order, whether or not an application has been made under section 42(3).

Propose a change

43 Appeal to Court of Appeal

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

Propose a change

44 Appeal to Supreme Court

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

Propose a change

44A Detention of property pending appeal

(1) This section applies where— (a) a restraint order includes provision under section 41A authorising the detention of property, and (b) the restraint order is discharged under section 42(5) or 67J(3)(b). (2) This section also applies where— (a) a restraint order includes provision under section 41A authorising the detention of property, and (b) the restraint order is varied under section 42(5) or 67J(3)(b) so as to omit any such provision. (3) The property may be detained until there is no further possibility of an appeal against— (a) the decision to discharge or vary the restraint order, or (b) any decision made on an appeal against that decision.

Propose a change

45 Seizure

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

Propose a change

46 Hearsay evidence

(1) Evidence must not be excluded in restraint proceedings on the ground that it is hearsay (of whatever degree). (2) Sections 2 to 4 of the Civil Evidence Act 1995 (c. 38) apply in relation to restraint proceedings as those sections apply in relation to civil proceedings. (3) Restraint proceedings are proceedings— (a) for a restraint order; (b) for the discharge or variation of a restraint order; (c) on an appeal under section 67J. (4) Hearsay is a statement which is made otherwise than by a person while giving oral evidence in the proceedings and which is tendered as evidence of the matters stated. (5) Nothing in this section affects the admissibility of evidence which is admissible apart from this section.

Propose a change

47 Supplementary

(1) The registration Acts— (a) apply in relation to restraint orders as they apply in relation to orders which affect land and are made by the court for the purpose of enforcing judgments or recognisances; (b) apply in relation to applications for restraint orders as they apply in relation to other pending land actions. (2) The registration Acts are— (a) the Land Registration Act 1925 (c. 21); (b) the Land Charges Act 1972 (c. 61); (c) the Land Registration Act 2002 (c. 9). (3) But no notice may be entered in the register of title under the Land Registration Act 2002 in respect of a restraint order. (4) The person applying for a restraint order must be treated for the purposes of section 57 of the Land Registration Act 1925 (inhibitions) as a person interested in relation to any registered land to which— (a) the application relates, or (b) a restraint order made in pursuance of the application relates.

Propose a change

47A Sections 47B to 47S: meaning of “appropriate officer”

(1) In sections 47B to 47S “appropriate officer” means— (a) an officer of Revenue and Customs, (aa) an immigration officer; (b) a constable, ... (ba) an SFO officer, or (c) an accredited financial investigator. (2) In subsection (1)(c) the reference 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 provision by the Secretary of State or the Welsh Ministers under section 453.

Propose a change

47B Conditions for exercise of powers

(1) An appropriate officer may exercise the power conferred by section 47C if satisfied that any of the following conditions is met. (2) The first condition is that— (a) a criminal investigation has been started in England and Wales with regard to an indictable offence, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) proceedings for the offence have not yet been started against the person in England and Wales, (d) there are reasonable grounds to suspect that the person has benefited from conduct constituting the offence, and (e) a restraint order is not in force in respect of any realisable property. (3) The second condition is that— (a) a criminal investigation has been started in England and Wales with regard to an indictable offence, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) proceedings for the offence have not yet been started against the person in England and Wales, and (d) a restraint order is in force in respect of any realisable property. (4) The third condition is that— (a) proceedings for an indictable offence have been started in England and Wales and have not been concluded, (b) there is reasonable cause to believe that the defendant has benefited from conduct constituting the offence, and (c) a restraint order is not in force in respect of any realisable property. (5) The fourth condition is that— (a) proceedings for an indictable offence have been started in England and Wales and have not been concluded, and (b) a restraint order is in force in respect of any realisable property. (6) The fifth condition is that— (a) an application by the prosecutor has been made under section 19, 20, 27 or 28 and not concluded, or the officer believes that such an application is to be made, and (b) there is reasonable cause to believe that the defendant has benefited from criminal conduct. (7) The sixth condition is that— (a) an application by the prosecutor has been made under section 21 and not concluded, or the officer believes that such an application is to be made, and (b) there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the defendant's benefit exceeds the relevant amount (as defined in that section). (8) The seventh condition is that— (a) an application by the prosecutor has been made under section 22 and not concluded, or the officer believes that such an application is to be made, and (b) there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the available amount exceeds the relevant amount (as defined in that section). (9) The third or fourth condition is not met if the officer believes that— (a) there has been undue delay in continuing the proceedings, or (b) the prosecutor does not intend to proceed. (10) If an application mentioned in the fifth, sixth or seventh condition has been made the condition is not met if the officer believes that— (a) there has been undue delay in continuing the application, or (b) the prosecutor does not intend to proceed. (11) In relation to the first or second condition references in sections 47C to 47S to the defendant are to the person mentioned in that condition. (12) In relation to the first or second condition section 77(9) has effect as if proceedings for the offence had been started against the defendant when the investigation was started.

Propose a change

47C Power to seize property

(1) On being satisfied as mentioned in section 47B(1) an appropriate officer may seize any realisable property if the officer has reasonable grounds for suspecting that— (a) the property may otherwise be made unavailable for satisfying any confiscation order that has been or may be made against the defendant, or (b) the value of the property may otherwise be diminished as a result of conduct by the defendant or any other person. (2) But the officer may not under subsection (1) seize— (a) cash, or (b) exempt property. (3) “Cash” has the same meaning as in section 289. (4) “Exempt property” means— (a) such tools, books, vehicles and other items of equipment as are necessary to the defendant for use personally in the defendant's employment, business or vocation; (b) such clothing, bedding, furniture, household equipment, provisions or other things as are necessary for satisfying the basic domestic needs of the defendant and the defendant's family. (5) In relation to realisable property which is free property held by the recipient of a tainted gift, references in subsection (4) to the defendant are to be read as references to the recipient of that gift. Section 47B(11) is subject to this subsection. (5A) On being satisfied as mentioned in section 47B(1) an appropriate officer may seize any free property if the officer has reasonable grounds for suspecting that it is a cryptoasset-related item. (5B) A “cryptoasset-related item” is an item of property that is, or that contains or gives access to information that is, likely to assist in the seizure under subsection (1) of any cryptoasset. (5C) The circumstances in which a cryptoasset is “seized” for the purposes of subsection (1) include circumstances in which it is transferred into a crypto wallet controlled by the appropriate officer. (5D) If an appropriate officer is lawfully on any premises, the officer may, for the purpose of— (a) determining whether any property is a cryptoasset-related item, or (b) enabling or facilitating the seizure under subsection (1) of any cryptoasset, require any information which is stored in any electronic form and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form. (5E) But subsection (5D) does not authorise an appropriate officer to require a person to produce information which the person would be entitled to refuse to provide on grounds of legal professional privilege in proceedings in the High Court. (5F) Where an appropriate officer has seized a cryptoasset-related item under subsection (5A), they may use any information obtained from it for the purpose of— (a) identifying or gaining access to a crypto wallet, and (b) by doing so, enabling or facilitating the seizure under subsection (1) of any cryptoassets. (6) The power conferred by this section— (a) may be exercised only with the appropriate approval under section 47G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power, and (aa) where applicable, in accordance with subsection (6A) or (6B). (6A) The power conferred by this section is exercisable by an officer of Revenue and Customs only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence relates to an assigned matter (within the meaning of the Customs and Excise Management Act 1979). (6B) The power conferred by this section is exercisable by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence— (a) relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or (b) is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment. (7) “Relevant offence” means— (a) in a case where the officer is satisfied that the first, second, third or fourth condition in section 47B is met, the offence mentioned in that condition, (b) in a case where the officer is satisfied that any of the other conditions in section 47B is met, the offence (or any of the offences) concerned. (8) Relevant nationality enactment” means any enactment in— (a) the British Nationality Act 1981, (b) the Hong Kong Act 1985, (c) the Hong Kong (War Wives and Widows) Act 1996, (d) the British Nationality (Hong Kong) Act 1997, (e) the British Overseas Territories Act 2002, or (f) an instrument made under any of those Acts.

Propose a change

47D Search power: premises

(1) If an appropriate officer is lawfully on any premises the officer may search the premises for the purpose of finding any property which— (a) the officer has reasonable grounds for suspecting may be found there, and (b) if found there, the officer intends to seize under section 47C. (2) The power conferred by this section may be exercised only with the appropriate approval under section 47G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power. (3) “Premises” has the meaning given by section 23 of the Police and Criminal Evidence Act 1984.

Propose a change

47E Search power: people

(1) An appropriate officer may exercise the following powers if the officer has reasonable grounds for suspecting that a person is carrying property that may be seized under section 47C. (2) The officer may, so far as the officer thinks it necessary or expedient for the purpose of seizing the property under that section, require the person— (a) to permit a search of any article with the person, (b) to permit a search of the person. (3) An officer exercising a power under subsection (2) may detain the person for so long as is necessary for its exercise. (4) A power conferred by this section may be exercised only with the appropriate approval under section 47G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power. (5) This section does not require a person to submit to an intimate search or strip search (within the meaning of section 164 of the Customs and Excise Management Act 1979).

Propose a change

47F Search power: vehicles

(1) The powers specified in subsection (4) are exercisable if— (a) an appropriate officer has reasonable grounds for suspecting that a vehicle contains property that may be seized under section 47C, and (b) it appears to the officer that the vehicle is under the control of a person who is in or in the vicinity of the vehicle. (2) The powers are exercisable only if the vehicle is— (a) in any place to which, at the time of the proposed exercise of the powers, the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, or (b) in any other place to which at that time people have ready access but which is not a dwelling. (3) But if the vehicle is in a garden or yard or other land occupied with and used for the purposes of a dwelling, the officer may exercise the powers under subsection (4) only if the officer has reasonable grounds for believing— (a) that the person does not reside in the dwelling, and (b) that the vehicle is not in the place in question with the express or implied permission of another who resides in the dwelling. (4) The officer may, so far as the officer thinks it necessary or expedient for the purpose of seizing the property under section 47C, require the person to— (a) permit entry to the vehicle, (b) permit a search of the vehicle. (5) An officer exercising a power under subsection (4) may detain the vehicle for so long as is necessary for its exercise. (6) A power conferred by this section may be exercised only with the appropriate approval under section 47G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power.

Propose a change

47G “Appropriate approval”

(1) This section has effect for the purposes of sections 47C, 47D, 47E and 47F. (2) The appropriate approval, in relation to the exercise of a power by an appropriate officer, means the approval of a justice of the peace or (if that is not practicable in any case) the approval of a senior officer. (3) A senior officer means— (a) in relation to the exercise of a power by an officer of Revenue and Customs, an officer of Revenue and Customs of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer, (aa) in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer, (ab) in relation to the exercise of a power by a National Crime Agency officer, the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose, (ac) in relation to the exercise of a power by an SFO officer, the Director of the Serious Fraud Office, (b) in relation to the exercise of a power by a constable, a senior police officer, (ba) in relation to the exercise of a power by an accredited financial investigator who is— (i) a member of the civilian staff of a police force in England and Wales (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011, or (ii) a member of staff of the City of London police force, a senior police officer, (c) in relation to the exercise of a power by an accredited financial investigator who does not fall within any of the preceding paragraphs, an accredited financial investigator who falls within a description specified in an order made for this purpose by the Secretary of State or the Welsh Ministers under section 453. (4) A senior police officer means a police officer of at least the rank of inspector.

Propose a change

47H Exercise of powers without judicial approval

(1) An appropriate officer must give a written report to the appointed person in any case where— (a) the officer seizes property under section 47C without the approval of a justice of the peace, and (b) any of the property seized is not detained for more than 48 hours. (2) An appropriate officer must also give a written report to the appointed person in any case where— (a) the officer exercises any of the powers conferred by sections 47D, 47E and 47F without the approval of a justice of the peace, and (b) no property is seized under section 47C. (3) A report under this section must give particulars of the circumstances which led the officer to believe that— (a) the powers were exercisable, and (b) it was not practicable to obtain the approval of a justice of the peace. (4) The appointed person means a person appointed for the purposes of this subsection by the Secretary of State. (5) The appointed person must not be a person employed under or for the purposes of a government department; and the terms and conditions of appointment, including any remuneration or expenses to be paid, are to be determined by the Secretary of State. (6) The period of 48 hours mentioned in subsection (1)(b) is to be calculated in accordance with subsection (7). (7) In calculating a period of 48 hours in accordance with this subsection, no account is to be taken of— (a) any Saturday or Sunday, (b) Christmas Day, (c) Good Friday, or (d) any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.

Propose a change

47I Report by appointed person on exercise of powers

(1) As soon as possible after the end of each financial year, the person appointed under section 47H(4) must prepare a report for that year. (2) “Financial year” means— (a) the period beginning with the day on which section 55 of the Policing and Crime Act 2009 comes into force and ending with the next 31 March (which is the first financial year), and (b) each subsequent period of twelve months beginning with 1 April. (3) The report must give the appointed person's opinion as to the circumstances and manner in which the powers conferred by sections 47C, 47D, 47E and 47F are being exercised in cases where the officer who exercised them is required to give a report under section 47H. (4) The report may make any recommendations the appointed person considers appropriate. (5) The appointed person must send a copy of the report to the Secretary of State. (6) The Secretary of State must— (a) publish any report received under subsection (5), and (b) lay a copy before Parliament. (7) Before acting under subsection (6) the Secretary of State must exclude from the report any matter which the Secretary of State thinks is likely to prejudice any criminal investigation or criminal proceedings. (8) If the Secretary of State excludes any matter from the report the Secretary of State must comply with subsection (6) in relation to the whole of the report as soon as the Secretary of State thinks that the excluded matter is no longer likely to prejudice any criminal investigation or criminal proceedings.

Propose a change

47J Initial detention of seized property

(1) This section applies if an appropriate officer seizes property under section 47C. (2) The property may be detained initially for a period of 48 hours. (3) The period of 48 hours is to be calculated in accordance with section 47H(7).

Propose a change

47K Further detention pending making of restraint order

(1) This section applies if— (a) property is detained under section 47J, and (b) no restraint order is in force in respect of the property. (2) If within the period mentioned in section 47J an application is made for a restraint order which includes provision under section 41A authorising detention of the property, the property may be detained until the application is determined or otherwise disposed of. (3) If such an application is made within that period and the application is refused, the property may be detained until there is no further possibility of an appeal against— (a) the decision to refuse the application, or (b) any decision made on an appeal against that decision. (4) In subsection (2) the reference to the period mentioned in section 47J includes that period as extended by any order under section 47M. (5) Exempt property seized under section 47C(5A) may be detained under subsections (2) and (3) only with the approval of a senior officer. (6) In subsection (5)— “exempt property” has the meaning given in section 47C(4) (reading references there to the defendant as references to the person by whom the property is held); “senior officer” has the meaning given in section 47G(3) (and for this purpose, the powers under subsections (2) and (3) to detain property are to be treated as exercised by the appropriate officer who seized the property).

Propose a change

47L Further detention pending variation of restraint order

(1) This section applies if— (a) property is detained under section 47J, (b) a restraint order is in force in respect of the property, and (c) the order does not include provision under section 41A authorising the detention of the property. (2) If within the period mentioned in section 47J an application is made for the order to be varied so as to include provision under section 41A authorising detention of the property, the property may be detained until the application is determined or otherwise disposed of. (3) If such an application is made within that period and the application is refused, the property may be detained until there is no further possibility of an appeal against— (a) the decision to refuse the application, or (b) any decision made on an appeal against that decision. (4) Exempt property seized under section 47C(5A) may be detained under subsections (2) and (3) only with the approval of a senior officer. (5) In subsection (4)— “exempt property” has the meaning given in section 47C(4) (reading references there to the defendant as references to the person by whom the property is held); “senior officer” has the meaning given in section 47G(3) (and for this purpose, the powers under subsections (2) and (3) to detain property are to be treated as exercised by the appropriate officer who seized the property).

Propose a change

47M Further detention in other cases

(1) This section applies if— (a) property is detained under section 47J, (b) no restraint order is in force in respect of the property, and (c) no application has been made for a restraint order which includes provision under section 41A authorising detention of the property. (2) A magistrates' court may by order extend the period for which the property or any part of it may be detained under section 47J if satisfied that— (a) any of the conditions in section 47B is met (reading references in that section to the officer as references to the court), (b) the property or part is realisable property other than exempt property ..., and (c) there are reasonable grounds for suspecting that— (i) the property may otherwise be made unavailable for satisfying any confiscation order that has been or may be made against the defendant, or (ii) the value of the property may otherwise be diminished as a result of conduct by the defendant or any other person. (2A) A magistrates’ court may by order extend the period for which the property may be detained under section 47J if satisfied that— (a) any of the conditions in section 47B is met (reading references in that section to the officer as references to the court), (b) the property is free property, and (c) there are reasonable grounds for suspecting that the property is a cryptoasset-related item. (2B) An order under subsection (2A) may not be made in respect of exempt property unless the court is satisfied that the person applying for the order is working diligently and expeditiously— (a) to determine whether the property is a cryptoasset-related item, or (b) if it has already been determined to be such an item, to seize any related cryptoassets under section 47C(1). (2C) An order under subsection (2A) may not extend the period for which the property may be detained beyond the period of— (a) six months beginning with the date of the order, or (b) in the case of exempt property, 14 days beginning with that date. This does not prevent the period from being further extended by another order under this section. (2D) The period of 14 days referred to in subsection (2C)(b) is to be calculated in accordance with section 47H(7) (reading the reference there to 48 hours as a reference to 14 days). (3) An application for an order may be made by— (a) the Commissioners for Her Majesty's Revenue and Customs, (aa) an immigration officer; (b) a constable, (ba) an SFO officer, (c) an accredited financial investigator, or (d) the prosecutor. (4) If the property was seized in reliance on the first or second condition in section 47B, “the prosecutor” means a person who is to have conduct of any proceedings for the offence. (5) An order under this section must provide for notice to be given to persons affected by it. (6) In this section— “exempt property” has the meaning given in section 47C(4) (reading references there to the defendant as references to the person by whom the property is held); “part” includes portion.

Propose a change

← Find another law