Explanatory Notes

Proceeds of Crime Act 2002

2002 CHAPTER 29

24 July 2002

Commentary on Sections

Part 2: Confiscation: England and Wales

Director’s receivers

Section 52: Appointment

103.Where the Director is enforcing a confiscation order, the main enforcement tool will be the appointment of a receiver (the Director will also be able to make requests for assistance outside the jurisdiction and have a term of imprisonment in default imposed).

104.Subsection (3) requires the Crown Court, in all cases where section 52 applies, to make an order authorising the Director to appoint any person as receiver to enforce the confiscation order. Thus, the court will authorise the appointment of a receiver but it will be for the Director to decide on who is appointed.