Explanatory Notes

Proceeds of Crime Act 2002

2002 CHAPTER 29

24 July 2002

Commentary on Sections

Part 2: Confiscation: England and Wales

Confiscation orders

Section 12: Interest on unpaid sums

31.Section 12 makes it clear that the defendant must pay interest on a confiscation order that is not paid in full by the time allowed. It leaves no room for doubt that the payment of interest is mandatory in all cases (the existing legislation is framed in terms of a “liability” to pay interest and it has been suggested occasionally that this implies a discretion as to whether or not interest is added to a particular unpaid order).