C7C8C3C2C9C4C6C10C5C1C11Part 2Confiscation: England and Wales
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.)
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)
Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 15(5)
Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 10(5)
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)
Pt. 2 applied (with modifications) (1.6.2015) by The Restraint Orders (Legal Aid Exception and Relevant Legal Aid Payments) Regulations 2015 (S.I. 2015/868), regs. 1, 5 (with reg. 4)
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)
Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 8(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 9(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)
Procedural matters
I1C7C814C7C8 Postponement
1
The court may—
a
proceed under section 6 before it sentences the defendant for the offence (or any of the offences) concerned, or
b
postpone proceedings under section 6 for a specified period.
2
A period of postponement may be extended.
3
A period of postponement (including one as extended) must not end after the permitted period ends.
4
But subsection (3) does not apply if there are exceptional circumstances.
5
The permitted period is the period of two years starting with the date of conviction.
6
But if—
a
the defendant appeals against his conviction for the offence (or any of the offences) concerned, and
b
the period of three months (starting with the day when the appeal is determined or otherwise disposed of) ends after the period found under subsection (5),
the permitted period is that period of three months.
7
A postponement or extension may be made—
a
on application by the defendant;
b
on application by the prosecutor F4...;
c
by the court of its own motion.
8
If—
a
proceedings are postponed for a period, and
b
an application to extend the period is made before it ends,
the application may be granted even after the period ends.
9
The date of conviction is—
a
the date on which the defendant was convicted of the offence concerned, or
b
if there are two or more offences and the convictions were on different dates, the date of the latest.
10
References to appealing include references to applying under section 111 of the Magistrates’ Courts Act 1980 (c. 43) (statement of case).
11
A confiscation order must not be quashed only on the ground that there was a defect or omission in the procedure connected with the application for or the granting of a postponement.
12
But subsection (11) does not apply if before it made the confiscation order the court—
a
imposed a fine on the defendant;
b
made an order falling within section 13(3);
F1ca
made an order under F3section 42 of the Sentencing Code (orders requiring payment of surcharge);
d
made an order under section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders).
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.)