Part VIConfiscation of the Proceeds of an Offence
Miscellaneous and supplemental
102Part VI— Interpretation
1
In this Part of this Act—
“constable” includes a person commissioned by the Commissioners of Customs and Excise;
“interest”, in relation to property, includes right;
“property” includes money and all other property, real or personal, heritable or moveable, including things in action and other intangible or incorporeal property.
2
The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Act listed in the right-hand column in relation to those expressions.
Expression | Relevant provision |
|---|---|
Benefited from an offence | Section 71(4) |
Charging order | Section 78(2) |
Confiscation order | Section 71(9)(a) |
Dealing with property | Section 77(9) |
Defendant | Section 71(9)(d) |
Gift caught by this Part of this Act | Section 74(10) |
Making a gift | Section 74(12) |
Offence to which this Part of this Act applies | Section 71(9)(c) |
Realisable property | Section 74(1) |
Restraint order | Section 77(1) |
Value of gift | Section 74(7) and (8) |
Value of property | Section 74(4) to (6) |
3
This Part of this Act applies to property wherever situated.
4
References in this Part of this Act to offences include a reference to offences committed before the commencement of this Part of this Act; but nothing in this Part of this Act confers any power on any court in connection with proceedings against a person for an offence instituted before the commencement of this Part of this Act.
5
References in this Part of this Act to property obtained, or to a pecuniary advantage derived, in connection with the commission of an offence include a reference to property obtained or to a pecuniary advantage derived, both in that connection and in some other connection.
6
The following provisions shall have effect for the interpretation of this Part of this Act.
7
Property is held by any person if he holds any interest in it.
8
References to property held by a person include a reference to property vested in his trustee in bankruptcy, permanent or interim trustee within the meaning of the [1985 c. 66.] Bankruptcy (Scotland) Act 1985 or liquidator.
9
References to an interest held by a person beneficially in property include a reference to an interest which would be held by him beneficially if the property were not so vested.
10
Property is transferred by one person to another if the first person transfers or grants to the other any interest in the property.
11
Proceedings for an offence are instituted—
a
when a justice of the peace issues a summons or warrant under section 1 of the [1980 c. 43.] Magistrates' Courts Act 1980 in respect of that offence;
b
when a person is charged with the offence after being taken into custody without a warrant;
c
when a bill of indictment is preferred under section 2 of the [1933 c. 36.] Administration of Justice (Miscellaneous Provisions) Act 1933 in a case falling within paragraph (b) of subsection (2) of that section;
and where the application of this subsection would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.
12
Proceedings are concluded—
a
when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of a confiscation order being made in the proceedings;
b
on the satisfaction of a confiscation order made in the proceedings (whether by payment of the amount due under the order or by the defendant serving imprisonment in default).
13
An order is subject to appeal until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.