C7C8C3C2C9C4C6C10C5C1C11Part 2Confiscation: England and Wales

Annotations:
Modifications etc. (not altering text)
C7

Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)

C8

Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)

C4

Pt. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)

C10

Pt. 2 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 33(5) (with s. 25(9)); S.I. 2020/792, reg. 2(g)

Confiscation orders

10AF2Determination of extent of defendant's interest in property

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 F1or 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.