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Proceeds of Crime Act 2002, Section 10A is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Where it appears to a court making a confiscation order that—
(a)there is property held by the defendant that is likely to be realised or otherwise used to satisfy the order, and
(b)a person other than the defendant holds, or may hold, an interest in the property,
the court may, if it thinks it appropriate to do so, determine the extent (at the time the confiscation order is made) of the defendant's interest in the property.
(2)The court must not exercise the power conferred by subsection (1) unless it gives to anyone who the court thinks is or may be a person holding an interest in the property a reasonable opportunity to make representations to it.
(3)A determination under this section is conclusive in relation to any question as to the extent of the defendant's interest in the property that arises in connection with—
(a)the realisation [F2or destruction] of the property, or the transfer of an interest in the property, with a view to satisfying the confiscation order, or
(b)any action or proceedings taken for the purposes of any such realisation or transfer.
(4)Subsection (3)—
(a)is subject to section 51(8B), and
(b)does not apply in relation to a question that arises in proceedings before the Court of Appeal or the Supreme Court.
(5)In this Part, the “extent” of the defendant's interest in property means the proportion that the value of the defendant's interest in it bears to the value of the property itself.]
Textual Amendments
F1S. 10A inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 1, 88(1); S.I. 2015/820, reg. 3(a)
F2Words in s. 10A(3)(a) inserted (26.10.2023 for specified purposes, 26.4.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 8 para. 9; S.I. 2024/269, reg. 4(a)
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