Chwilio Deddfwriaeth

Serious Crime Act 2015

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

Changes over time for: Cross Heading: Proceeds of Crime Act 2002 (c. 29)

 Help about opening options

Version Superseded: 25/11/2019

Status:

Point in time view as at 04/07/2018. This version of this cross heading contains provisions that are not valid for this point in time. Help about Status

Close

Status

Not valid for this point in time generally means that a provision was not in force for the point in time you have selected to view it on.

Changes to legislation:

There are currently no known outstanding effects for the Serious Crime Act 2015, Cross Heading: Proceeds of Crime Act 2002 (c. 29). Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Proceeds of Crime Act 2002 (c. 29)U.K.

19U.K.In section 6 of the Proceeds of Crime Act 2002 (making of order), at the end of subsection (5) insert— “Paragraph (b) applies only if, or to the extent that, it would not be disproportionate to require the defendant to pay the recoverable amount.”

Commencement Information

I1Sch. 4 para. 19 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)

20U.K.In section 12 of that Act (interest on unpaid sums), in subsection (1)—

(a)for “the amount required to be paid” substitute “ any amount required to be paid ”;

(b)for “must pay interest on the amount” substitute “ must pay interest on that amount ”.

Commencement Information

I2Sch. 4 para. 20 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)

21U.K.In section 14 of that Act (postponement), after paragraph (c) of subsection (12) insert—

(ca)made an order under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge);.

Commencement Information

I3Sch. 4 para. 21 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)

22(1)Section 15 of that Act (effect of postponement) is amended as follows.U.K.

(2)In subsection (2)—

(a)at the end of paragraph (c) omit “or”;

(b)after that paragraph insert—

(ca)make an order for the payment of a surcharge under section 161A of the Criminal Justice Act 2003, or.

(3)In subsection (3)—

(a)at the end of paragraph (c) omit “or”;

(b)after that paragraph insert—

(ca)making an order for the payment of a surcharge under section 161A of the Criminal Justice Act 2003, or.

Commencement Information

I4Sch. 4 para. 22 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)

23(1)Section 19 of that Act (no order made: reconsideration of case) is amended as follows.U.K.

(2)In subsection (7), after paragraph (d) insert—

(da)any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge);.

(3)In subsection (8), after “Sentencing Act” insert “ , a surcharge under section 161A of the Criminal Justice Act 2003 ”.

Commencement Information

I5Sch. 4 para. 23 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)

24(1)Section 20 of that Act (no order made: reconsideration of benefit) is amended as follows.U.K.

(2)In subsection (11), after paragraph (d) insert—

(da)any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge);.

(3)In subsection (12), after “Sentencing Act” insert “ , a surcharge under section 161A of the Criminal Justice Act 2003 ”.

Commencement Information

I6Sch. 4 para. 24 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)

25(1)Section 21 of that Act (order made: reconsideration of benefit) is amended as follows.U.K.

(2)In subsection (9), after paragraph (c) insert—

(ca)any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge);.

(3)In subsection (10), after “(9)(c)” insert “ , (ca) ”.

Commencement Information

I7Sch. 4 para. 25 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)

26(1)Section 22 of that Act (order made: reconsideration of available amount) is amended as follows.U.K.

(2)In subsection (5), after paragraph (c) insert—

(d)any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge).

(3)In subsection (6), after “(5)(c)” insert “ or (d). ”

Commencement Information

I8Sch. 4 para. 26 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)

27(1)Section 31 of that Act (appeal to Court of Appeal) is amended as follows.U.K.

(2)In the heading, after “prosecutor” insert etc.

(3)In subsection (3), after “by virtue of section” insert “ 10A, ”.

Commencement Information

I9Sch. 4 para. 27 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)

28U.K.In section 32 of that Act (Court of Appeal's powers on appeal), in subsection (7), after “(compensation orders)” insert “ , section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge) ”.

Commencement Information

I10Sch. 4 para. 28 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)

29U.K.In section 33 of that Act (appeal to Supreme Court), in subsection (9), after “(compensation orders)” insert “ , section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge) ”.

Commencement Information

I11Sch. 4 para. 29 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)

30U.K.In section 35 of that Act (enforcement as fines), in subsection (2), for “139(2) to (4)” substitute “ 139(2), (3) ”.

Commencement Information

I12Sch. 4 para. 30 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)

31U.K.In section 41 of that Act (restraint orders), after subsection (7C) (inserted by section 11 above) insert—

(7D)In considering whether to make an order under subsection (7), the court must, in particular, consider whether any restriction or prohibition on the defendant's travel outside the United Kingdom ought to be imposed for the purpose mentioned in that subsection.

Commencement Information

I13Sch. 4 para. 31 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)

32(1)Section 42 of that Act (application, discharge and variation of restraint orders) is amended as follows.U.K.

(2)In subsection (4), for “(7)” substitute “ (8) ”.

(3)For subsection (7) substitute—

(7)If the condition in section 40 which was satisfied was that an investigation was started—

(a)the court must discharge the order if within a reasonable time proceedings for the offence are not started;

(b)otherwise, the court must discharge the order on the conclusion of the proceedings.

(8)If the condition in section 40 which was satisfied was that an application was to be made—

(a)the court must discharge the order if within a reasonable time the application is not made;

(b)otherwise, the court must discharge the order on the conclusion of the application.

Commencement Information

I14Sch. 4 para. 32 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)

33U.K.In section 55 of that Act (sums received by designated officer), in subsection (5), for “an amount of compensation or all or part of an amount payable under an unlawful profit order” substitute “ an amount payable under a priority order (or orders) ”.

Commencement Information

I15Sch. 4 para. 33 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)

34U.K.In section 89 of that Act (procedure on appeal to the Court of Appeal), in subsection (4), before paragraph (a) insert—

(za)section 31(4) (appeals against determinations under section 10A),.

Commencement Information

I16Sch. 4 para. 34 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)

35U.K.In section 92 of that Act (making of order), at the end of subsection (6) insert—

Paragraph (b) applies only if, or to the extent that, it would not be disproportionate to require the accused to pay the recoverable amount.

Commencement Information

I17Sch. 4 para. 35 in force at 1.3.2016 by S.S.I. 2016/11, reg. 2(j)

Yn ddilys o 25/11/2019

36U.K.In section 99 of that Act (postponement), after paragraph (c) of subsection (11) insert—

(d)made a restitution order;

(e)ordered the accused under section 253F(2) of the Procedure Act to pay a victim surcharge.

Yn ddilys o 25/11/2019

37(1)Section 100 of that Act (effect of postponement) is amended as follows.U.K.

(2)In subsection (3)—

(a)at the end of paragraph (b) omit “or”;

(b)after paragraph (c) insert—

(d)make a restitution order, or

(e)order the accused under section 253F(2) of the Procedure Act to pay a victim surcharge.

(3)In subsection (4)—

(a)at the end of paragraph (b) omit “or”;

(b)after paragraph (c) insert—

(d)making a restitution order, or

(e)ordering the accused under section 253F(2) of the Procedure Act to pay a victim surcharge.

Yn ddilys o 25/11/2019

38(1)Section 104 of that Act (no order made: reconsideration of case) is amended as follows.U.K.

(2)In subsection (7), after paragraph (d) insert—

(e)any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned;

(f)any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.

(3)After subsection (8) insert—

(8A)If a restitution order or an order under section 253F(2) of the Procedure Act has been made against the accused in respect of the offence or offences concerned, section 97A(2) and (4) does not apply.

Yn ddilys o 25/11/2019

39(1)Section 105 of that Act (no order made: reconsideration of benefit) is amended as follows.U.K.

(2)In subsection (10), after paragraph (d) insert—

(e)any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned;

(f)any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.

(3)After subsection (11) insert—

(11A)If a restitution order or an order under section 253F(2) of the Procedure Act has been made against the accused in respect of the offence or offences concerned, section 97A(2) and (4) does not apply.

Yn ddilys o 25/11/2019

40(1)Section 106 of that Act (order made: reconsideration of benefit) is amended as follows.U.K.

(2)In subsection (8), after paragraph (c) insert—

(d)any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned;

(e)any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.

(3)In subsection (9)—

(a)for “the court must not” substitute the court—

(a)must not;

(b)at the end insert—

(b)must not have regard to an order falling within subsection (8)(d) or (e) if a court has made a direction under section 97A(2) or (4).

Yn ddilys o 25/11/2019

41(1)Section 107 of that Act (order made: reconsideration of available amount) is amended as follows.U.K.

(2)In subsection (4), after paragraph (c) insert—

(d)any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned;

(e)any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.

(3)In subsection (5)—

(a)for “the court must not” substitute the court—

(a)must not;

(b)at the end insert—

(b)must not have regard to an order falling within subsection (4)(d) or (e) if a court has made a direction under section 97A(2) or (4).

42U.K.In section 118 of that Act (application of provisions about fine enforcement), in subsection (2) omit paragraph (k).

Commencement Information

I18Sch. 4 para. 42 in force at 1.3.2016 by S.S.I. 2016/11, reg. 2(j) (with reg. 3)

43(1)Section 121 of that Act (application, recall and variation) is amended as follows.U.K.

(2)In subsection (5), for “(9)” substitute “ (10) ”.

(3)For subsection (9) substitute—

(9)In the case of a restraint order, if the condition in section 119 which was satisfied was that an investigation was instituted—

(a)the court must discharge the order if within a reasonable time proceedings for the offence are not instituted;

(b)otherwise, the court must recall the order on the conclusion of the proceedings.

(10)In the case of a restraint order, if the condition in section 119 which was satisfied was that an application was to be made—

(a)the court must discharge the order if within a reasonable time the application is not made;

(b)otherwise, the court must recall the order on the conclusion of the application.

Commencement Information

I19Sch. 4 para. 43 in force at 1.3.2016 by S.S.I. 2016/11, reg. 2(j)

Yn ddilys o 25/11/2019

44U.K.In section 131 of that Act (sums received by clerk of court)—

(a)in subsection (6), after “97(6)” insert “ or 97A(4) ”;

(b)after that subsection insert—

(6A)If a direction was made under section 97A(2) or (4) for an amount payable under a restitution order or a victim surcharge under section 253F(2) of the Procedure Act to be paid out of sums recovered under the confiscation order, the clerk of court must next apply the sums in payment of that amount.

45U.K.In section 153 of that Act (satisfaction of confiscation orders), in subsection (1) omit paragraph (b).

Commencement Information

I20Sch. 4 para. 45 in force at 1.3.2016 by S.S.I. 2016/11, reg. 2(j) (with reg. 3)

46U.K.In section 156 of that Act (making of order), at the end of subsection (5) insert—

Paragraph (b) applies only if, or to the extent that, it would not be disproportionate to require the defendant to pay the recoverable amount.

Commencement Information

I21Sch. 4 para. 46 in force at 1.6.2015 by S.R. 2015/190, reg. 3(2)(b)

47U.K.In section 162 of that Act (interest on unpaid sums), in subsection (1)—

(a)for “the amount required to be paid” substitute “ any amount required to be paid ”;

(b)for “must pay interest on the amount” substitute “ must pay interest on that amount ”.

Commencement Information

I22Sch. 4 para. 47 in force at 1.6.2015 by S.R. 2015/190, reg. 3(2)(b)

48(1)Section 181 of that Act (appeal to Court of Appeal) is amended as follows.U.K.

(2)In the heading, after “prosecutor” insert etc.

(3)In subsection (3), after “by virtue of section” insert “ 160A, ”.

Commencement Information

I23Sch. 4 para. 48 in force at 1.6.2015 by S.R. 2015/190, reg. 3(2)(b)

49U.K.In section 185 of that Act (enforcement as fines)—

(a)in subsection (2) omit “(2),”;

(b)in subsection (3), after “Criminal Justice” insert “ (Children) ”.

Commencement Information

I24Sch. 4 para. 49 in force at 1.6.2015 by S.R. 2015/190, reg. 3(2)(b)

50U.K.In section 190 of that Act (restraint orders), after subsection (7C) (inserted by section 33 above) insert—

(7D)In considering whether to make an order under subsection (7), the court must, in particular, consider whether any restriction or prohibition on the defendant's travel outside the United Kingdom ought to be imposed for the purpose mentioned in that subsection.

Commencement Information

I25Sch. 4 para. 50 in force at 1.6.2015 by S.R. 2015/190, reg. 3(2)(b)

51(1)Section 191 of that Act (application, discharge and variation of restraint orders) is amended as follows.U.K.

(2)In subsection (4), for “(7)” substitute “ (8) ”.

(3)For subsection (7) substitute—

(7)If the condition in section 189 which was satisfied was that an investigation was started—

(a)the court must discharge the order if within a reasonable time proceedings for the offence are not started;

(b)otherwise, the court must discharge the order on the conclusion of the proceedings.

(8)If the condition in section 189 which was satisfied was that an application was to be made—

(a)the court must discharge the order if within a reasonable time the application is not made;

(b)otherwise, the court must discharge the order on the conclusion of the application.

Commencement Information

I26Sch. 4 para. 51 in force at 1.6.2015 by S.R. 2015/190, reg. 3(2)(b)

52U.K.In section 273 of that Act (payments in respect of rights under pension schemes), in subsection (4)(b), after “section 245E,” insert “ PPO receiver, ”.

Commencement Information

I27Sch. 4 para. 52 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iv)

53U.K.In section 277 of that Act (consent orders: pensions), in subsection (7)(b), after “section 245E,” insert “ PPO receiver, ”.

Commencement Information

I28Sch. 4 para. 53 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iv)

54U.K.In section 316 of that Act (Part 5: general interpretation), in subsection (1), at the appropriate place insert—

PPO receiver” has the meaning given by section 255G(2);.

Commencement Information

I29Sch. 4 para. 54 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iv)

55U.K.In section 341 of that Act (investigations), in subsection (1) omit “or” at the end of paragraph (a).

Commencement Information

I30Sch. 4 para. 55 in force at 1.3.2016 by S.I. 2016/148, reg. 3(g)

56U.K.In section 416 of that Act (other interpretative provisions), after subsection (3) insert—

(3A)The expressions “realisable property” and “confiscation order”—

(a)in the application of this Part to England and Wales, have the same meanings as in Part 2;

(b)in the application of this Part to Scotland, have the same meanings as in Part 3;

(c)in the application of this Part to Northern Ireland, have the same meanings as in Part 4.

Commencement Information

I31Sch. 4 para. 56 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(v)

57(1)Section 459 of that Act (orders and regulations) is amended as follows.U.K.

(2)In subsection (4)(a)—

(a)after “section” insert “ 35(2C), ”;

(b)before “75(7) or (8)” insert “ 67(7A), ”.

(3)In subsection (7A)—

(a)after “section” insert “ 185(2B), ”;

(b)before “223(7) or (8)” insert “ 215(7A), ”.

Commencement Information

I32Sch. 4 para. 57 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(v)

58(1)In Schedule 2 to that Act (lifestyle offences: England and Wales), in paragraph 8 (prostitution and child sex), sub-paragraph (2) is amended as follows.U.K.

(2)In paragraph (b), for “child prostitution or pornography” substitute “ sexual exploitation of a child ”.

(3)In paragraph (c), for “prostitute or a child involved in pornography” substitute “ in relation to sexual exploitation ”.

(4)In paragraph (d), for “child prostitution or pornography” substitute “ sexual exploitation of a child ”.

Commencement Information

I33Sch. 4 para. 58 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(v)

59U.K.In Schedule 10 to that Act, in paragraph 1 (disapplication of special income tax and capital gains tax rules for receivers), after paragraph (d) insert—

(da)a PPO receiver appointed under section 255G;.

Commencement Information

I34Sch. 4 para. 59 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(vi)

Yn ôl i’r brig

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Nodiadau Esboniadol

Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill