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

303L Further detention of seized property

(1) The period for which property seized under section 303J, or any part of that property, may be detained may be extended by an order made— (a) in England and Wales or Northern Ireland, by a magistrates' court; (b) in Scotland, by the sheriff. (2) An order under subsection (1) may not authorise the detention of any property— (a) beyond the end of the period of 6 months beginning with the date of the order, and (b) in the case of any further order under this section, beyond the end of the period of 2 years beginning with the date of the first order. (3) A justice of the peace may also exercise the power of a magistrates' court to make the first order under subsection (1) extending a particular period of detention. (4) An application for an order under subsection (1) may be made— (a) in relation to England and Wales and Northern Ireland, by a person specified in subsection (5); (b) in relation to Scotland, by the Scottish Ministers in connection with their functions under section 303O or by a procurator fiscal. (5) The persons referred to in subsection (4)(a) are— (a) the Commissioners for Her Majesty's Revenue and Customs, (b) a constable, (c) an SFO officer, or (d) an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State or the Welsh Ministers under section 453. (6) The court, sheriff or justice may make the order if satisfied, in relation to the item of property to be further detained, that— (a) it is a listed asset, (b) the value of it is not less than the minimum value, and (c) condition 1 or condition 2 is met. (7) Subsection (6)(b) does not apply where the application is for a second or subsequent order under this section. (8) Condition 1 is that there are reasonable grounds for suspecting that the property is recoverable property and that either— (a) its continued detention is justified while its derivation is further investigated or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the property is connected, or (b) proceedings against any person for an offence with which the property is connected have been started and have not been concluded. (9) Condition 2 is that there are reasonable grounds for suspecting that the property is intended to be used in unlawful conduct and that either— (a) its continued detention is justified while its intended use is further investigated or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the property is connected, or (b) proceedings against any person for an offence with which the property is connected have been started and have not been concluded. (10) Where an application for an order under subsection (1) relates to an item of property seized under section 303J(2), the court, sheriff or justice may make the order if satisfied that— (a) the item of property is a listed asset, (b) condition 1 or 2 is met in respect of part of the item, (c) the value of that part is not less than the minimum value, and (d) it is not reasonably practicable to detain only that part. (11) Subsection (10)(c) does not apply where the application is for a second or subsequent order under this section. (12) Where an application for an order under subsection (1) is made in respect of two or more items of property that were seized at the same time and by the same person, this section is to apply as if the value of each item was equal to the aggregate value of all of those items. (13) The references in subsection (12) to the value of an item are to be read as including references to the value of part of an item where subsection (10) applies in relation to one or more of the items in respect of which the application under subsection (1) is made. (14) An order under subsection (1) must provide for notice to be given to persons affected by it.

Propose a change

303M Testing and safekeeping of property seized under section 303J

(1) A relevant officer may carry out (or arrange for the carrying out of) tests on any item of property seized under section 303J for the purpose of establishing whether it is a listed asset. (2) A relevant officer must arrange for any item of property seized under section 303J to be safely stored throughout the period during which it is detained under this Chapter.

Propose a change

303N Release of detained property

(1) This section applies while any property is detained under section 303K or 303L. (2) A magistrates' court or (in Scotland) the sheriff may direct the release of the whole or any part of the property if the following condition is met. (3) The condition is that the court or sheriff is satisfied, on an application by the person from whom the property was seized, that the conditions in section 303K or 303L (as the case may be) for the detention of the property are no longer met in relation to the property to be released. (4) A relevant officer or (in Scotland) a procurator fiscal may, after notifying the magistrates' court, sheriff or justice under whose order property is being detained, release the whole or any part of it if satisfied that the detention of the property to be released is no longer justified.

Propose a change

303O Forfeiture

(1) While property is detained under this Chapter, an application for the forfeiture of the whole or any part of it may be made— (a) to a magistrates' court by a person specified in subsection (2); (b) to the sheriff by the Scottish Ministers. (2) The persons referred to in subsection (1)(a) are— (a) the Commissioners for Her Majesty's Revenue and Customs, (b) a constable, (c) an SFO officer, or (d) an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State or the Welsh Ministers under section 453. (3) The court or sheriff may order the forfeiture of the property or any part of it if satisfied that— (a) the property is a listed asset, and (b) what is to be forfeited is recoverable property or intended by any person for use in unlawful conduct. (4) An order under subsection (3) made by a magistrates' court may provide for payment under section 303U of reasonable legal expenses that a person has reasonably incurred, or may reasonably incur, in respect of— (a) the proceedings in which the order is made, or (b) any related proceedings under this Chapter. (5) A sum in respect of a relevant item of expenditure is not payable under section 303U in pursuance of provision under subsection (4) unless— (a) the person who applied for the order under subsection (3) agrees to its payment, or (b) the court has assessed the amount allowed in respect of that item and the sum is paid in respect of the assessed amount. (6) For the purposes of subsection (5)— (a) a “relevant item of expenditure” is an item of expenditure to which regulations under section 286B would apply if the order under subsection (3) had instead been a recovery order; (b) an amount is “allowed” in respect of a relevant item of expenditure if it would have been allowed by those regulations; (c) if the person who applied for the order under subsection (3) was a constable, an SFO officer or an accredited financial investigator, that person may not agree to the payment of a sum unless the person is a senior officer or is authorised to do so by a senior officer. (7) “Senior officer” has the same meaning in subsection (6)(c) as it has in section 303E. (8) Subsection (3) ceases to apply on the transfer of an application made under this section in accordance with section 303R(1)(a) or (b). (9) Where an application for the forfeiture of any property is made under this section, the property is to be detained (and may not be released under any power conferred by this Chapter) until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded. (10) Where the property to which the application relates is being detained under this Chapter as part of an item of property, having been seized under section 303J(2), subsection (9) is to be read as if it required the continued detention of the whole of the item of property.

Propose a change

303P Associated and joint property

(1) Sections 303Q and 303R apply if— (a) an application is made under section 303O in respect of property detained under this Chapter, (b) the court or sheriff is satisfied that the property is a listed asset, (c) the court or sheriff is satisfied that all or part of the property is recoverable property or intended by any person for use in unlawful conduct, and (d) there exists property that is associated with the property in relation to which the court or sheriff is satisfied as mentioned in paragraph (c). (2) Sections 303Q and 303R also apply in England and Wales and Northern Ireland if— (a) an application is made under section 303O in respect of property detained under this Chapter, (b) the court is satisfied that the property is a listed asset, (c) the court is satisfied that all or part of the property is recoverable property, and (d) the property in relation to which the court is satisfied as mentioned in paragraph (c) belongs to joint tenants and one of the tenants is an excepted joint owner. (3) In this section and sections 303Q and 303R “associated property” means property of any of the following descriptions that is not itself the forfeitable property— (a) any interest in the forfeitable property; (b) any other interest in the property in which the forfeitable property subsists; (c) if the forfeitable property is a tenancy in common, the tenancy of the other tenant; (d) if (in Scotland) the forfeitable property is owned in common, the interest of the other owner; (e) if the forfeitable property is part of a larger property, but not a separate part, the remainder of that property. References to property being associated with forfeitable property are to be read accordingly. (4) In this section and sections 303Q and 303R the “forfeitable property” means the property in relation to which the court or sheriff is satisfied as mentioned in subsection (1)(c) or (2)(c) (as the case may be).

Propose a change

303Q Agreements about associated and joint property

(1) Where— (a) this section applies, and (b) the person who applied for the order under section 303O (on the one hand) and the person who holds the associated property or who is the excepted joint owner (on the other hand) agree, the magistrates' court or sheriff may, instead of making an order under section 303O(3), make an order requiring the person who holds the associated property or who is the excepted joint owner to make a payment to a person identified in the order. (2) The amount of the payment is (subject to subsection (3)) to be the amount which the persons referred to in subsection (1)(b) agree represents— (a) in a case where this section applies by virtue of section 303P(1), the value of the forfeitable property; (b) in a case where this section applies by virtue of section 303P(2), the value of the forfeitable property less the value of the excepted joint owner's share. (3) The amount of the payment may be reduced if the person who applied for the order under section 303O agrees that the other party to the agreement has suffered loss as a result of the seizure of the forfeitable property and any associated property under section 303J and its subsequent detention. (4) The reduction that is permissible by virtue of subsection (3) is such amount as the parties to the agreement agree is reasonable, having regard to the loss suffered and any other relevant circumstances. (5) An order under subsection (1) may, so far as required for giving effect to the agreement, include provision for vesting, creating or extinguishing any interest in property. (6) An order under subsection (1) made by a magistrates' court may provide for payment under subsection (12) of reasonable legal expenses that a person has reasonably incurred, or may reasonably incur, in respect of— (a) the proceedings in which the order is made, or (b) any related proceedings under this Chapter. (7) A sum in respect of a relevant item of expenditure is not payable under subsection (12) in pursuance of provision under subsection (6) unless— (a) the person who applied for the order under section 303O agrees to its payment, or (b) the court has assessed the amount allowed in respect of that item and the sum is paid in respect of the assessed amount. (8) For the purposes of subsection (7)— (a) a “relevant item of expenditure” is an item of expenditure to which regulations under section 286B would apply if the order under subsection (1) had instead been a recovery order; (b) an amount is “allowed” in respect of a relevant item of expenditure if it would have been allowed by those regulations. (9) For the purposes of section 308(2), on the making of an order under subsection (1), the forfeitable property is to be treated as if it had been forfeited. (10) If there is more than one item of associated property or more than one excepted joint owner, the total amount to be paid under subsection (1), and the part of that amount which is to be provided by each person who holds any such associated property or who is an excepted joint owner, is to be agreed between both (or all) of them and the person who applied for the order under section 303O. (11) If the person who applied for the order under section 303O was a constable, an SFO officer or an accredited financial investigator, that person may enter into an agreement for the purposes of any provision of this section only if the person is a senior officer or is authorised to do so by a senior officer. “Senior officer” has the same meaning in this subsection as it has in section 303E. (12) An amount received under an order under subsection (1) must be applied as follows— (a) first, it must be applied in making any payment of legal expenses which, after giving effect to subsection (7), are payable under this subsection in pursuance of provision under subsection (6); (b) second, it must be applied in payment or reimbursement of any reasonable costs incurred in storing or insuring the forfeitable property and any associated property whilst detained under this Part; (c) third, it must be paid— (i) if the order was made by a magistrates' court, into the Consolidated Fund; (ii) if the order was made by the sheriff, into the Scottish Consolidated Fund.

Propose a change

303R Associated and joint property: default of agreement

(1) Where this section applies and there is no agreement under section 303Q, the magistrates' court or sheriff— (a) must transfer the application made under section 303O to the relevant court if satisfied that the value of the forfeitable property and any associated property is £10,000 or more; (b) may transfer the application made under section 303O to the relevant court if satisfied that the value of the forfeitable property and any associated property is less than £10,000. (2) The “relevant court” is— (a) the High Court, where the application under section 303O was made to a magistrates' court; (b) the Court of Session, where the application under section 303O was made to the sheriff. (3) Where (under subsection (1)(a) or (b)) an application made under section 303O is transferred to the relevant court, the relevant court may order the forfeiture of the property to which the application relates, or any part of that property, if satisfied that— (a) the property is a listed asset, and (b) what is to be forfeited is recoverable property or intended by any person for use in unlawful conduct. (4) An order under subsection (3) made by the High Court may include provision of the type that may be included in an order under section 303O(3) made by a magistrates' court by virtue of section 303O(4). (5) If provision is included in an order of the High Court by virtue of subsection (4) of this section, section 303O(5) and (6) apply with the necessary modifications. (6) The relevant court may, as well as making an order under subsection (3), make an order— (a) providing for the forfeiture of the associated property or (as the case may be) for the excepted joint owner's interest to be extinguished, or (b) providing for the excepted joint owner's interest to be severed. (7) Where (under subsection (1)(b)) the magistrates' court or sheriff decides not to transfer an application made under section 303O to the relevant court, the magistrates' court or sheriff may, as well as making an order under section 303O(3), make an order— (a) providing for the forfeiture of the associated property or (as the case may be) for the excepted joint owner's interest to be extinguished, or (b) providing for the excepted joint owner's interest to be severed. (8) An order under subsection (6) or (7) may be made only if the relevant court, the magistrates' court or the sheriff (as the case may be) thinks it just and equitable to do so. (9) An order under subsection (6) or (7) must provide for the payment of an amount to the person who holds the associated property or who is an excepted joint owner. (10) In making an order under subsection (6) or (7), and including provision in it by virtue of subsection (9), the relevant court, the magistrates' court or the sheriff (as the case may be) must have regard to— (a) the rights of any person who holds the associated property or who is an excepted joint owner and the value to that person of that property or (as the case may) of that person's share (including any value that cannot be assessed in terms of money), and (b) the interest of the person who applied for the order under section 303O in realising the value of the forfeitable property. (11) If the relevant court, the magistrates' court or the sheriff (as the case may be) is satisfied that— (a) the person who holds the associated property or who is an excepted joint owner has suffered loss as a result of the seizure of the forfeitable property and any associated property under section 303J and its subsequent detention, and (b) the circumstances are exceptional, an order under subsection (6) or (7) may require the payment of compensation to that person. (12) The amount of compensation to be paid by virtue of subsection (11) is the amount the relevant court, the magistrates' court or the sheriff (as the case may be) thinks reasonable, having regard to the loss suffered and any other relevant circumstances. (13) Compensation to be paid by virtue of subsection (11) is to be paid in the same way that compensation is to be paid under section 303W.

Propose a change

303S Sections 303O to 303R: appeals

(1) Any party to proceedings for an order for the forfeiture of property under section 303O may appeal against— (a) the making of an order under section 303O; (b) the making of an order under section 303R(7); (c) a decision not to make an order under section 303O unless the reason that no order was made is that an order was instead made under section 303Q; (d) a decision not to make an order under section 303R(7). Paragraphs (c) and (d) do not apply if the application for the order under section 303O was transferred in accordance with section 303R(1)(a) or (b). (2) Where an order under section 303Q is made by a magistrates' court, any party to the proceedings for the order (including any party to the proceedings under section 303O that preceded the making of the order) may appeal against a decision to include, or not to include, provision in the order under subsection (6) of section 303Q. (3) An appeal under this section lies— (a) in relation to England and Wales, to the Crown Court; (b) in relation to Scotland, to the Sheriff Appeal Court; (c) in relation to Northern Ireland, to a county court. (4) An appeal under this section must be made before the end of the period of 30 days starting with the day on which the court makes the order or decision. (5) The court hearing the appeal may make any order it thinks appropriate. (6) If the court upholds an appeal against an order forfeiting property, it may order the release of the whole or any part of the property.

Propose a change

303T Realisation of forfeited property

(1) If property is forfeited under section 303O or 303R, a relevant officer must realise the property or make arrangements for its realisation. (2) But the property is not to be realised— (a) before the end of the period within which an appeal may be made (whether under section 303S or otherwise), or (b) if an appeal is made within that period, before the appeal is determined or otherwise disposed of. (3) The realisation of property under subsection (1) must be carried out, so far as practicable, in the manner best calculated to maximise the amount obtained for the property.

Propose a change

303U Proceeds of realisation

(1) The proceeds of property realised under section 303T must be applied as follows— (a) first, they must be applied in making any payment required to be made by virtue of section 303R(9); (b) second, they must be applied in making any payment of legal expenses which, after giving effect to section 303O(5) (including as applied by section 303R(5)), are payable under this subsection in pursuance of provision under section 303O(4) or, as the case may be, 303R(4); (c) third, they must be applied in payment or reimbursement of any reasonable costs incurred in storing or insuring the property whilst detained under this Part and in realising the property; (d) fourth, they must be paid— (i) if the property was forfeited by a magistrates' court or the High Court, into the Consolidated Fund; (ii) if the property was forfeited by the sheriff or the Court of Session, into the Scottish Consolidated Fund. (2) If what is realised under section 303T represents part only of an item of property seized under section 303J and detained under this Chapter, the reference in subsection (1)(c) to costs incurred in storing or insuring the property is to be read as a reference to costs incurred in storing or insuring the whole of the item of property.

Propose a change

303V Victims and other owners

(1) A person who claims that any property detained under this Chapter, or any part of it, belongs to him or her may apply for the property or part to be released. (2) An application under subsection (1) is to be made— (a) in England and Wales or Northern Ireland, to a magistrates' court; (b) in Scotland, to the sheriff. (3) The application may be made in the course of proceedings under section 303L or 303O or at any other time. (4) The court or sheriff may order the property to which the application relates to be released to the applicant if it appears to the court or sheriff that— (a) the applicant was deprived of the property to which the application relates, or of property which it represents, by unlawful conduct, (b) the property the applicant was deprived of was not, immediately before the applicant was deprived of it, recoverable property, and (c) the property belongs to the applicant. (5) If subsection (6) applies, the court or sheriff may order the property to which the application relates to be released to the applicant or to the person from whom it was seized. (6) This subsection applies where— (a) the applicant is not the person from whom the property to which the application relates was seized, (b) it appears to the court or sheriff that that property belongs to the applicant, (c) the court or sheriff is satisfied that the release condition is met in relation to that property, and (d) no objection to the making of an order under subsection (5) has been made by the person from whom that property was seized. (7) The release condition is met— (a) in relation to property detained under section 303K or 303L, if the conditions in section 303K or (as the case may be) 303L for the detention of the property are no longer met, and (b) in relation to property detained under section 303O, if the court or sheriff decides not to make an order under that section in relation to the property.

Propose a change

303W Compensation

(1) If no order under section 303O, 303Q or 303R is made in respect of any property detained under this Chapter, the person to whom the property belongs or from whom it was seized may make an application for compensation. (2) An application under subsection (1) is to be made— (a) in England and Wales or Northern Ireland, to a magistrates' court; (b) in Scotland, to the sheriff. (3) If the court or sheriff is satisfied that the applicant has suffered loss as a result of the detention of the property and that the circumstances are exceptional, the court or sheriff may order compensation to be paid to the applicant. (4) The amount of compensation to be paid is the amount the court or sheriff thinks reasonable, having regard to the loss suffered and any other relevant circumstances. (5) If the property was seized by an officer of Revenue and Customs, the compensation is to be paid by the Commissioners for Her Majesty's Revenue and Customs. (6) If the property was seized by a constable, the compensation is to be paid as follows— (a) in the case of a constable of a police force in England and Wales, it is to be paid out of the police fund from which the expenses of the police force are met; (b) in the case of a constable of the Police Service of Scotland, it is to be paid by the Scottish Police Authority; (c) in the case of a police officer within the meaning of the Police (Northern Ireland) Act 2000, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland. (7) If the property was seized by an SFO officer, the compensation is to be paid by the Director of the Serious Fraud Office. (8) If the property was seized by a National Crime Agency officer, the compensation is to be paid by the National Crime Agency. (9) If the property was seized by an accredited financial investigator who was not an officer of Revenue and Customs, a constable, an SFO officer or a National Crime Agency officer, the compensation is to be paid as follows— (a) in the case of an investigator who was— (i) a member of the civilian staff of a police force (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, it is to be paid out of the police fund from which the expenses of the police force are met, (b) in the case of an investigator who was a member of staff of the Police Service of Northern Ireland, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland, (c) in the case of an investigator who was a member of staff of a department of the Government of the United Kingdom, it is to be paid by the Minister of the Crown in charge of the department or by the department, (d) in the case of an investigator who was a member of staff of a Northern Ireland department, it is to be paid by the department, (e) in the case of an investigator who was exercising a function of the Welsh Revenue Authority, it is to be paid by the Welsh Revenue Authority, and (f) in any other case, it is to be paid by the employer of the investigator. (10) The Secretary of State may by regulations amend subsection (9). (11) The power in subsection (10) is exercisable by the Department of Justice (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998.) (12) If an order under section 303O, 303Q or 303R is made in respect only of a part of any property detained under this Chapter, this section has effect in relation to the other part.

Propose a change

303X Powers for prosecutors to appear in proceedings

(1) The Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland may appear for a constable or an accredited financial investigator in proceedings under this Chapter if the Director— (a) is asked by, or on behalf of, a constable or (as the case may be) an accredited financial investigator to do so, and (b) considers it appropriate to do so. (2) The Director of Public Prosecutions may appear for the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs in proceedings under this Chapter if the Director— (a) is asked by, or on behalf of, the Commissioners for Her Majesty's Revenue and Customs or (as the case may be) an officer of Revenue and Customs to do so, and (b) considers it appropriate to do so. (3) The Directors may charge fees for the provision of services under this section. (4) The references in subsection (1) to an accredited financial investigator do not include an accredited financial investigator who is an officer of Revenue and Customs but the references in subsection (2) to an officer of Revenue and Customs do include an accredited financial investigator who is an officer of Revenue and Customs.

Propose a change

303Y “The minimum value”

(1) For the purposes of this Chapter, “the minimum value” is £1,000. (2) The Secretary of State may by regulations amend the amount for the time being specified in subsection (1). (3) The Secretary of State must consult the Scottish Ministers and the Department of Justice before making regulations under subsection (2).

Propose a change

303Z Financial investigators

Where an accredited financial investigator of a particular description— (a) applies for an order under section 303L, (b) applies for forfeiture under section 303O, or (c) brings an appeal under, or relating to, this Chapter, any subsequent step in the application or appeal, or any further application or appeal relating to the same matter, may be taken, made or brought by a different accredited financial investigator of the same description.

Propose a change

303Z1 Application for account freezing order

(1) This section applies if an enforcement officer has reasonable grounds for suspecting that money held in an account maintained with a relevant financial institution— (a) is recoverable property, or (b) is intended by any person for use in unlawful conduct. (2) Where this section applies (but subject to section 303Z2) the enforcement officer may apply to the relevant court for an account freezing order in relation to the account in which the money is held. (3) For the purposes of this Chapter— (a) an account freezing order is an order that, subject to any exclusions (see section 303Z5), prohibits each person by or for whom the account to which the order applies is operated from making withdrawals or payments from the account; (b) an account is operated by or for a person if the person is an account holder or a signatory or identified as a beneficiary in relation to the account. (4) An application for an account freezing order may be made without notice if the circumstances of the case are such that notice of the application would prejudice the taking of any steps under this Chapter to forfeit money that is recoverable property or intended by any person for use in unlawful conduct. (5) The money referred to in subsection (1) may be all or part of the credit balance of the account. (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) In this Chapter— “bank” has the meaning given by section 303Z7; “building society” has the same meaning as in the Building Societies Act 1986; “electronic money institution” has the same meaning as in the Electronic Money Regulations 2011 (S.I. 2011/99) (see regulation 2 of those Regulations); “enforcement officer” means— an officer of Revenue and Customs, a constable, an SFO officer, or an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State or the Welsh Ministers under section 453; “the minimum amount” has the meaning given by section 303Z8; “payment institution” means an authorised payment institution or a small payment institution (each as defined in regulation 2 of the Payment Services Regulations 2017 (S.I. 2017/752)); “relevant court”— in England and Wales and Northern Ireland, means a magistrates' court, and in Scotland, means the sheriff. “relevant financial institution” means— a bank, a building society, an electronic money institution, or a payment institution.

Propose a change

303Z2 Restrictions on making of application under section 303Z1

(1) The power to apply for an account freezing order is not exercisable if the money in relation to which the enforcement officer's suspicion exists is less in amount than the minimum amount. (2) An enforcement officer may not apply for an account freezing order unless the officer is a senior officer or is authorised to do so by a senior officer. (3) The power to apply for an account freezing order is not exercisable by an SFO officer, or by an accredited financial investigator, in relation to an account maintained with a branch of a relevant financial institution that is in Scotland. (4) For the purposes of this Chapter, a “senior officer” is — (a) 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, (b) a senior police officer, (c) the Director of the Serious Fraud Office, (d) 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, or (e) an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State or the Welsh Ministers under section 453. (5) In subsection (4), a “senior police officer” means a police officer of at least the rank of inspector.

Propose a change

303Z3 Making of account freezing order

(1) This section applies where an application for an account freezing order is made under section 303Z1 in relation to an account. (2) The relevant court may make the order if satisfied that there are reasonable grounds for suspecting that money held in the account (whether all or part of the credit balance of the account)— (a) is recoverable property, or (b) is intended by any person for use in unlawful conduct. (3) An account freezing order ceases to have effect at the end of the period specified in the order (which may be varied under section 303Z4) unless it ceases to have effect at an earlier or later time in accordance with the provision made by sections 303Z9(6)(c), 303Z11(2) to (7), 303Z14(6) to (8) and 303Z15. (4) The period specified by the relevant court for the purposes of subsection (3) (whether when the order is first made or on a variation under section 303Z4) may not exceed the period of 2 years, starting with the day on which the account freezing order is (or was) made. (5) An account freezing order must provide for notice to be given to persons affected by the order.

Propose a change

303Z4 Variation and setting aside of account freezing order

(1) The relevant court may at any time vary or set aside an account freezing order on an application made by— (a) an enforcement officer, or (b) any person affected by the order. (2) But an enforcement officer may not make an application under subsection (1) unless the officer is a senior officer or is authorised to do so by a senior officer. (3) Before varying or setting aside an account freezing order the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to any person who may be affected by its decision. (4) In relation to Scotland, the references in this section to setting aside an order are to be read as references to recalling it.

Propose a change

303Z5 Exclusions

(1) The power to vary an account freezing order includes (amongst other things) power to make exclusions from the prohibition on making withdrawals or payments from the account to which the order applies. (2) Exclusions from the prohibition may also be made when the order is made. (3) An exclusion may (amongst other things) make provision for the purpose of enabling a person by or for whom the account is operated— (a) to meet the person's reasonable living expenses, or (b) to carry on any trade, business, profession or occupation. (4) An exclusion may be made subject to conditions. (5) Where a magistrates' court exercises the power to make an exclusion for the purpose of enabling a person to meet legal expenses that the person has incurred, or may incur, in respect of proceedings under this Part, it must ensure that the exclusion— (a) is limited to reasonable legal expenses that the 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 exclusion, and (c) is made subject to the same conditions as would be the required conditions (see section 286A) if the order had been made under section 245A (in addition to any conditions imposed under subsection (4)). (6) A magistrates' court, in deciding whether to make an exclusion for the purpose of enabling a person to meet legal expenses in respect of proceedings under this Part— (a) must have regard to the desirability of the person being represented in any proceedings under this Part in which the person is a participant, and (b) must disregard the possibility that legal representation of the person in any such proceedings might, were an exclusion not made— (i) be made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or (ii) be funded by the Northern Ireland Legal Services Commission. (7) The sheriff's power to make exclusions may not be exercised for the purpose of enabling any person to meet any legal expenses in respect of proceedings under this Part. (8) The power to make exclusions must, subject to subsection (6), be exercised with a view to ensuring, so far as practicable, that there is not undue prejudice to the taking of any steps under this Chapter to forfeit money that is recoverable property or intended by any person for use in unlawful conduct.

Propose a change

303Z6 Restriction on proceedings and remedies

(1) If a court in which proceedings are pending in respect of an account maintained with a relevant financial institution is satisfied that an account freezing order has been applied for or made in respect of the account, it may either stay the proceedings or allow them to continue on any terms it thinks fit. (2) Before exercising the power conferred by subsection (1), the court must (as well as giving the parties to any of the proceedings concerned an opportunity to be heard) give such an opportunity to any person who may be affected by the court's decision. (3) In relation to Scotland, the reference in subsection (1) to staying the proceedings is to be read as a reference to sisting the proceedings.

Propose a change

303Z7 “Bank”

(1) “Bank” means an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom. (2) In subsection (1), “authorised deposit-taker” means— (a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits; (b) a person who— (i) is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and (ii) accepts deposits; (c) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act that has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits. (3) A reference in subsection (2) to a person or firm with permission to accept deposits does not include a person or firm with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.

Propose a change

303Z8 “The minimum amount”

(1) “The minimum amount” is £1,000. (2) The Secretary of State may by regulations amend the amount for the time being specified in subsection (1). (3) The Secretary of State must consult the Scottish Ministers and the Department of Justice before making regulations under subsection (2). (4) For the purposes of this Chapter the amount of any money held in an account maintained with a relevant financial institution in a currency other than sterling must be taken to be its sterling equivalent, calculated in accordance with the prevailing rate of exchange.

Propose a change

303Z9 Account forfeiture notice

(1) This section applies while an account freezing order made by a magistrates' court has effect. In this section the account to which the order applies is “the frozen account”. (2) A senior officer may give a notice for the purpose of forfeiting money held in the frozen account (whether all or part of the credit balance of the account) if satisfied that the money— (a) is recoverable property, or (b) is intended by any person for use in unlawful conduct. (3) A notice given under subsection (2) is referred to in this Chapter as an account forfeiture notice. (4) An account forfeiture notice must— (a) state the amount of money held in the frozen account which it is proposed be forfeited, (b) confirm that the senior officer is satisfied as mentioned in subsection (2), (c) specify a period for objecting to the proposed forfeiture and an address to which any objections must be sent, and (d) explain that the money will be forfeited unless an objection is received at that address within the period for objecting. (5) The period for objecting must be at least 30 days starting with the day after the notice is given. (6) If no objection is made within the period for objecting, and the notice has not lapsed under section 303Z11— (a) the amount of money stated in the notice is forfeited (subject to section 303Z12), (b) the relevant financial institution with which the frozen account is maintained must transfer that amount of money into an interest-bearing account nominated by an enforcement officer, and (c) immediately after the transfer has been made, the account freezing order made in relation to the frozen account ceases to have effect. (7) An objection may be made by anyone (whether a recipient of the notice or not). (8) An objection means a written objection sent to the address specified in the notice; and an objection is made when it is received at the address. (9) An objection does not prevent forfeiture of the money held in the frozen account under section 303Z14.

Propose a change

303Z10 Giving of account forfeiture notice

(1) The Secretary of State must make regulations about how an account forfeiture notice is to be given. (2) The regulations may (amongst other things) provide— (a) for an account forfeiture notice to be given to such person or persons, and in such manner, as may be prescribed; (b) for circumstances in which, and the time at which, an account forfeiture notice is to be treated as having been given. (3) The regulations must ensure that where an account forfeiture notice is given it is, if possible, given to every person to whom notice of the account freezing order was given.

Propose a change

303Z11 Lapse of account forfeiture notice

(1) An account forfeiture notice lapses if— (a) an objection is made within the period for objecting specified in the notice under section 303Z9(4)(c), (b) an application is made under section 303Z14 for the forfeiture of money held in the frozen account, or (c) an order is made under section 303Z4 setting aside the relevant account freezing order. (2) If an account forfeiture notice lapses under subsection (1)(a), the relevant account freezing order ceases to have effect at the end of the period of 48 hours starting with the making of the objection (“the 48-hour period”). This is subject to subsections (3) and (7). (3) If within the 48-hour period an application is made— (a) for a variation of the relevant account freezing order under section 303Z4 so as to extend the period specified in the order, or (b) for forfeiture of money held in the frozen account under section 303Z14, the order continues to have effect until the relevant time (and then ceases to have effect). (4) In the case of an application of the kind mentioned in subsection (3)(a), the relevant time means— (a) if an extension is granted, the time determined in accordance with section 303Z3(3), or (b) if an extension is not granted, the time when the application is determined or otherwise disposed of. (5) In the case of an application of the kind mentioned in subsection (3)(b), the relevant time is the time determined in accordance with section 303Z14(6). (6) If within the 48-hour period it is decided that no application of the kind mentioned in subsection (3)(a) or (b) is to be made, an enforcement officer must, as soon as possible, notify the relevant financial institution with which the frozen account is maintained of that decision. (7) If the relevant financial institution is notified in accordance with subsection (6) before the expiry of the 48-hour period, the relevant account freezing order ceases to have effect on the institution being so notified. (8) In relation to an account forfeiture notice— (a) “the frozen account” is the account in which the money to which the account forfeiture notice relates is held; (b) “the relevant account freezing order” is the account freezing order made in relation to the frozen account. (9) In calculating a period of 48 hours for the purposes of this section 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 the part of the United Kingdom in which the account freezing order was made.

Propose a change

303Z12 Application to set aside forfeiture

(1) A person aggrieved by the forfeiture of money in pursuance of section 303Z9(6)(a) may apply to a magistrates' court for an order setting aside the forfeiture of the money or any part of it. (2) The application must be made before the end of the period of 30 days starting with the day on which the period for objecting ended (“the 30-day period”). (3) But the court may give permission for an application to be made after the 30-day period has ended if it thinks that there are exceptional circumstances to explain why the applicant— (a) failed to object to the forfeiture within the period for objecting, and (b) failed to make an application within the 30-day period. (4) On an application under this section the court must consider whether the money to which the application relates could be forfeited under section 303Z14 (ignoring the forfeiture mentioned in subsection (1)). (5) If the court is satisfied that the money to which the application relates or any part of it could not be forfeited under that section it must set aside the forfeiture of that money or part. (6) Where the court sets aside the forfeiture of any money— (a) it must order the release of that money, and (b) the money is to be treated as never having been forfeited. (7) Where money is released by virtue of subsection (6)(a), there must be added to the money on its release any interest accrued on it whilst in the account referred to in section 303Z9(6)(b).

Propose a change

303Z13 Application of money forfeited under account forfeiture notice

(1) Money forfeited in pursuance of section 303Z9(6)(a), and any interest accrued on it whilst in the account referred to in section 303Z9(6)(b), is to be paid into the Consolidated Fund. (2) But it is not to be paid in— (a) before the end of the period within which an application under section 303Z12 may be made (ignoring the possibility of an application by virtue of section 303Z12(3)), or (b) if an application is made within that period, before the application is determined or otherwise disposed of.

Propose a change

303Z14 Forfeiture order

(1) This section applies while an account freezing order has effect. In this section the account to which the account freezing order applies is “the frozen account”. (2) An application for the forfeiture of money held in the frozen account (whether all or part of the credit balance of the account) may be made— (a) to a magistrates' court by a person specified in subsection (3), or (b) to the sheriff by the Scottish Ministers. (3) The persons referred to in subsection (2)(a) are— (a) the Commissioners for Her Majesty's Revenue and Customs, (b) a constable, (c) an SFO officer, or (d) an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State or the Welsh Ministers under section 453. (4) The court or sheriff may order the forfeiture of the money or any part of it if satisfied that the money or part— (a) is recoverable property, or (b) is intended by any person for use in unlawful conduct. (5) But in the case of recoverable property which belongs to joint tenants, one of whom is an excepted joint owner, an order by a magistrates' court may not apply to so much of it as the court thinks is attributable to the excepted joint owner's share. (6) Where an application is made under subsection (2), the account freezing order is to continue to have effect until the time referred to in subsection (7)(b) or (8). But subsections (7)(b) and (8) are subject to section 303Z15. (7) Where money held in a frozen account is ordered to be forfeited under subsection (4)— (a) the relevant financial institution with which the frozen account is maintained must transfer that amount of money into an interest-bearing account nominated by an enforcement officer, and (b) immediately after the transfer has been made the account freezing order made in relation to the frozen account ceases to have effect. (8) Where, other than by the making of an order under subsection (4), an application under subsection (2) is determined or otherwise disposed of, the account freezing order ceases to have effect immediately after that determination or other disposal.

Propose a change

303Z15 Continuation of account freezing order pending appeal

(1) This section applies where, on an application under subsection (2) of section 303Z14 in relation to an account to which an account freezing order applies, the court or sheriff decides— (a) to make an order under subsection (4) of that section in relation to part only of the money to which the application related, or (b) not to make an order under subsection (4) of that section. (2) The person who made the application under section 303Z14(2) may apply without notice to the court or sheriff that made the decision referred to in subsection (1)(a) or (b) for an order that the account freezing order is to continue to have effect. (3) Where the court or sheriff makes an order under subsection (2) the account freezing order is to continue to have effect until— (a) the end of the period of 48 hours starting with the making of the order under subsection (2), or (b) if within that period of 48 hours an appeal is brought under section 303Z16 against the decision referred to in subsection (1)(a) or (b), the time when the appeal is determined or otherwise disposed of. (4) Subsection (9) of section 303Z11 applies for the purposes of subsection (3) as it applies for the purposes of that section.

Propose a change

303Z16 Appeal against decision under section 303Z14

(1) Any party to proceedings for an order for the forfeiture of money under section 303Z14 who is aggrieved by an order under that section or by the decision of the court not to make such an order may appeal— (a) from an order or decision of a magistrates' court in England and Wales, to the Crown Court; (b) from an order or decision of the sheriff, to the Sheriff Appeal Court; (c) from an order or decision of a magistrates' court in Northern Ireland, to a county court. (2) An appeal under subsection (1) must be made before the end of the period of 30 days starting with the day on which the court makes the order or decision. (3) The court hearing the appeal may make any order it thinks appropriate. (4) If the court upholds an appeal against an order forfeiting the money, it may order the release of the whole or any part of the money. (5) Where money is released by virtue of subsection (4), there must be added to the money on its release any interest accrued on it whilst in the account referred to in section 303Z14(7)(a).

Propose a change

303Z17 Application of money forfeited under account forfeiture order

(1) Money forfeited by an order under section 303Z14, and any interest accrued on it whilst in the account referred to in subsection (7)(a) of that section— (a) if forfeited by a magistrates' court, is to be paid into the Consolidated Fund, and (b) if forfeited by the sheriff, is to be paid into the Scottish Consolidated Fund. (2) But it is not to be paid in— (a) before the end of the period within which an appeal under section 303Z16 may be made, or (b) if a person appeals under that section, before the appeal is determined or otherwise disposed of.

Propose a change

303Z17A Victims and other owners

(1) A person who claims that money in respect of which an account freezing order has effect belongs to them may apply for the money to be released. (2) An application under subsection (1) is to be made— (a) in England and Wales or Northern Ireland, to a magistrates’ court; (b) in Scotland, to the sheriff. (3) The application may be made in the course of proceedings under section 303Z3 or 303Z14 or at any other time. (4) The court or sheriff may, subject to subsection (8), order the money to which the application relates to be released to the applicant if it appears to the court or sheriff that— (a) the applicant was deprived of the money to which the application relates, or of property which it represents, by unlawful conduct, (b) the money the applicant was deprived of was not, immediately before the applicant was deprived of it, recoverable property, and (c) the money belongs to the applicant. (5) If subsection (6) applies, the court or sheriff may, subject to subsection (8), order the money to which the application relates to be released to the applicant. (6) This subsection applies where— (a) the applicant is not the person from whom the money to which the application relates was seized, (b) it appears to the court or sheriff that the money belongs to the applicant, (c) the court or sheriff is satisfied that the release condition is met in relation to the money, and (d) no objection to the making of an order under subsection (5) has been made by the person from whom the money was seized. (7) The release condition is met— (a) in relation to money held in a frozen account, if the conditions for making an order under section 303Z3 in relation to the money are no longer met, or (b) in relation to money held in a frozen account which is subject to an application for forfeiture under section 303Z14, if the court or sheriff decides not to make an order under that section in relation to the money. (8) Money is not to be released under this section— (a) if an account forfeiture notice under section 303Z9 is given in respect of the money, until any proceedings in pursuance of the notice (including any proceedings on appeal) are concluded; (b) if an application for its forfeiture under section 303Z14 is made, until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded. (9) In relation to money held in an account that is subject to an account freezing order, references in this section to a person from whom money was seized include a reference to a person by or for whom the account was operated immediately before the account freezing order was made.

Propose a change

303Z18 Compensation

(1) This section applies if— (a) an account freezing order is made, and (b) none of the money held in the account to which the order applies is forfeited in pursuance of an account forfeiture notice or by an order under section 303Z14. (2) Where this section applies a person by or for whom the account to which the account freezing order applies is operated may make an application to the relevant court for compensation. (3) If the relevant court is satisfied that the applicant has suffered loss as a result of the making of the account freezing order and that the circumstances are exceptional, the relevant court may order compensation to be paid to the applicant. (4) The amount of compensation to be paid is the amount the relevant court thinks reasonable, having regard to the loss suffered and any other relevant circumstances. (5) If the account freezing order was applied for by an officer of Revenue and Customs, the compensation is to be paid by the Commissioners for Her Majesty's Revenue and Customs. (6) If the account freezing order was applied for by a constable, the compensation is to be paid as follows— (a) in the case of a constable of a police force in England and Wales, it is to be paid out of the police fund from which the expenses of the police force are met; (b) in the case of a constable of the Police Service of Scotland, it is to be paid by the Scottish Police Authority; (c) in the case of a police officer within the meaning of the Police (Northern Ireland) Act 2000, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland. (7) If the account freezing order was applied for by an SFO officer, the compensation is to be paid by the Director of the Serious Fraud Office. (8) If the account freezing order was applied for by a National Crime Agency officer, the compensation is to be paid by the National Crime Agency. (9) If the account freezing order was applied for by an accredited financial investigator who was not an officer of Revenue and Customs, a constable, an SFO officer or a National Crime Agency officer, the compensation is to be paid as follows— (a) in the case of an investigator who was— (i) a member of the civilian staff of a police force (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, it is to be paid out of the police fund from which the expenses of the police force are met, (b) in the case of an investigator who was a member of staff of the Police Service of Northern Ireland, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland, (c) in the case of an investigator who was a member of staff of a department of the Government of the United Kingdom, it is to be paid by the Minister of the Crown in charge of the department or by the department, (d) in the case of an investigator who was a member of staff of a Northern Ireland department, it is to be paid by the department, (e) in the case of an investigator who was exercising a function of the Welsh Revenue Authority, it is to be paid by the Welsh Revenue Authority, and (f) in any other case, it is to be paid by the employer of the investigator. (10) The Secretary of State may by regulations amend subsection (9). (11) The power in subsection (10) is exercisable by the Department of Justice (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998.)

Propose a change

303Z19 Powers for prosecutors to appear in proceedings

(1) The Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland may appear for a constable or an accredited financial investigator in proceedings under this Chapter if the Director— (a) is asked by, or on behalf of, a constable or (as the case may be) an accredited financial investigator to do so, and (b) considers it appropriate to do so. (2) The Director of Public Prosecutions may appear for the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs in proceedings under this Chapter if the Director— (a) is asked by, or on behalf of, the Commissioners for Her Majesty's Revenue and Customs or (as the case may be) an officer of Revenue and Customs to do so, and (b) considers it appropriate to do so. (3) The Directors may charge fees for the provision of services under this section. (4) The references in subsection (1) to an accredited financial investigator do not include an accredited financial investigator who is an officer of Revenue and Customs but the references in subsection (2) to an officer of Revenue and Customs do include an accredited financial investigator who is an officer of Revenue and Customs.

Propose a change

303Z20 Definitions

(1) In this Part— (a) “cryptoasset” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically; (b) “crypto wallet” means— (i) software, (ii) hardware, (iii) a physical item, or (iv) any combination of the things mentioned in sub-paragraphs (i) to (iii), which is used to store the cryptographic private key that allows cryptoassets to be accessed. (2) The Secretary of State may by regulations amend the definitions of “cryptoasset” and “crypto wallet” in this section. (3) The Secretary of State must consult the Scottish Ministers and the Department of Justice before making regulations under subsection (2). (4) In this Chapter— (a) “enforcement officer” means— (i) an officer of Revenue and Customs, (ii) a constable, (iii) an SFO officer, or (iv) an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State or the Welsh Ministers under section 453; (b) “senior officer” means— (i) an officer of Revenue and Customs of a rank designated by the Commissioners for His Majesty’s Revenue and Customs as equivalent to that of a senior police officer of at least the rank of inspector, (ii) a senior police officer of at least the rank of inspector, (iii) the Director of the Serious Fraud Office, (iv) 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, or (v) an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State or the Welsh Ministers under section 453.

Propose a change

303Z21 Searches

(1) If an enforcement officer— (a) is lawfully on any premises, and (b) has reasonable grounds for suspecting that there is on the premises a cryptoasset-related item, the enforcement officer may search for the cryptoasset-related item there. (2) For the purposes of this Chapter, 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 this Part of cryptoassets that— (a) are recoverable property, or (b) are intended by any person for use in unlawful conduct. (3) The powers conferred by subsection (6) are exercisable by an enforcement officer if— (a) the enforcement officer has reasonable grounds for suspecting that there is a cryptoasset-related item in a vehicle, (b) it appears to the officer that the vehicle is under the control of a person (the suspect) who is in or in the vicinity of the vehicle, and (c) the vehicle is in a place falling within subsection (4). (4) The places referred to in subsection (3)(c) are— (a) a 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, and (b) any other place to which at that time people have ready access but which is not a dwelling. (5) But if the vehicle is in a garden or yard or other land occupied with and used for the purposes of a dwelling, the enforcement officer may exercise the powers conferred by subsection (6) only if the enforcement officer has reasonable grounds for believing— (a) that the suspect 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 a person who resides in the dwelling. (6) The powers conferred by this subsection are— (a) power to require the suspect to permit entry to the vehicle; (b) power to require the suspect to permit a search of the vehicle. (7) If an enforcement officer has reasonable grounds for suspecting that a person (the suspect) is carrying a cryptoasset-related item, the enforcement officer may require the suspect— (a) to permit a search of any article the suspect has with them; (b) to permit a search of the suspect’s person. (8) The powers conferred by subsections (6) and (7) are exercisable only so far as the enforcement officer thinks it necessary or expedient. (9) An enforcement officer may— (a) in exercising powers conferred by subsection (6), detain the vehicle for so long as is necessary for their exercise; (b) in exercising powers conferred by subsection (7)(b), detain the suspect for so long as is necessary for their exercise. (10) The powers conferred by this section are exercisable by an SFO officer or an accredited financial investigator only in relation to the following— (a) premises in England, Wales or Northern Ireland (in the case of subsection (1)); (b) vehicles and suspects in England, Wales or Northern Ireland (in the case of subsection (6)); (c) suspects in England, Wales or Northern Ireland (in the case of subsection (7)).

Propose a change

303Z22 Searches: supplemental provision

(1) The powers conferred by section 303Z21 are exercisable only so far as reasonably required for the purpose of finding a cryptoasset-related item. (2) Section 303Z21 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

303Z23 Prior approval

(1) The powers conferred by section 303Z21 may be exercised only with the appropriate approval unless, in the circumstances, it is not practicable to obtain that approval before exercising the power. (2) The appropriate approval means the approval of a judicial officer or (if that is not practicable in any case) the approval of a senior officer. (3) A judicial officer means— (a) in relation to England and Wales and Northern Ireland, a justice of the peace; (b) in relation to Scotland, the sheriff. (4) If the powers are exercised without the approval of a judicial officer in a case where— (a) no property is seized by virtue of section 303Z26, or (b) any property so seized is not detained for more than 48 hours (calculated in accordance with section 303Z27), the relevant officer who exercised the power must give a written report to the appointed person. (5) But the duty in subsection (4) does not apply if, during the course of exercising the powers conferred by section 303Z21, the enforcement officer seizes cash by virtue of section 294 or property by virtue of section 303J and the cash or property so seized is detained for more than 48 hours (calculated in accordance with section 295(1B) or 303K(5)). (6) A report under subsection (4) must give particulars of the circumstances which led the relevant officer to believe that— (a) the powers were exercisable, and (b) it was not practicable to obtain the approval of a judicial officer. (7) In this section and in section 303Z24 the appointed person means— (a) in relation to England and Wales, a person appointed by the Secretary of State; (b) in relation to Scotland, a person appointed by the Scottish Ministers; (c) in relation to Northern Ireland, a person appointed by the Department of Justice. (8) The appointed person must not be a person employed under or for the purposes of a government department or of the Scottish Administration; and the terms and conditions of the person’s appointment, including any remuneration or expenses to be paid to the person, are to be determined by the person making the appointment.

Propose a change

303Z24 Report on exercise of powers

(1) As soon as possible after the end of each financial year, the appointed person must prepare a report for that year. (2) “Financial year” means— (a) the period beginning with the day on which this section came into force and ending with the next 31 March (which is the first financial year), and (b) each subsequent period of 12 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 section 303Z21 are being exercised in cases where the enforcement officer who exercised them is required to give a report under section 303Z23(4). (4) In the report, the appointed person may make any recommendations they consider appropriate. (5) The appointed person must send a copy of the report to whichever of the Secretary of State, the Scottish Ministers or the Department of Justice appointed the person. (6) The Secretary of State must lay a copy of any report the Secretary of State receives under this section before Parliament and arrange for it to be published. (7) The Scottish Ministers must lay a copy of any report they receive under this section before the Scottish Parliament and arrange for it to be published. (8) The Department of Justice must lay a copy of any report it receives under this section before the Northern Ireland Assembly and arrange for it to be published. (9) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (8) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

Propose a change

← Find another law