Proceeds of Crime Act 2002 (c. 29)

Part 2 E+W Confiscation: England and Wales

Modifications etc. (not altering text)

C1 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.)

C2 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.)

C3 Pt. 2: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)

Confiscation orders E+W

13 Effect of order on court’s other powers E+W

(1) If the court makes a confiscation order it must proceed as mentioned in subsections (2) and (4) in respect of the offence or offences concerned.

(2) The court must take account of the confiscation order before—

(a) it imposes a fine on the defendant, or

(b) it makes an order falling within subsection (3).

(3) These orders fall within this subsection—

(a) an order involving payment by the defendant, other than an order under section 130 of the Sentencing Act (compensation orders) [F1 or an order under section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders)];

(b) an order under section 27 of the Misuse of Drugs Act 1971 (c. 38) (forfeiture orders);

(c) an order under section 143 of the Sentencing Act (deprivation orders);

(d) an order under section 23 [F2 or 23A] of the Terrorism Act 2000 (c. 11) (forfeiture orders).

(4) Subject to subsection (2), the court must leave the confiscation order out of account in deciding the appropriate sentence for the defendant.

(5) Subsection (6) applies if—

[F3 (a) the Crown Court makes—

(i) both a confiscation order and a compensation order under section 130 of the Sentencing Act,

(ii) both a confiscation order and an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013, or

(iii) a confiscation order, a compensation order and an unlawful profit order,

against the same person in the same proceedings, and]

(b) the court believes he will not have sufficient means to satisfy both the orders [F4 or all the orders] in full.

(6) In such a case the court must direct that so much of the compensation [F5 or amount payable under the unlawful profit order (or both)] as it specifies is to be paid out of any sums recovered under the confiscation order; and the amount it specifies must be the amount it believes will not be recoverable because of the insufficiency of the person’s means.

Textual Amendments

F1 Words in s. 13(3) inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 14(2); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

F2 Words in s. 13(3)(d) inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), s. 100(5), Sch. 3 para. 7(2) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F3 S. 13(5)(a) substituted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 14(3)(a); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

F4 Words in s. 13(5)(b) inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 14(3)(b); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

F5 Words in s. 13(6) inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 14(4); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

Commencement Information

I1 S. 13 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.