C2C1C3Part 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)
Procedural matters
I1C2C115C2C1 Effect of postponement
1
If the court postpones proceedings under section 6 it may proceed to sentence the defendant for the offence (or any of the offences) concerned.
2
In sentencing the defendant for the offence (or any of the offences) concerned in the postponement period the court must not—
a
impose a fine on him,
b
make an order falling within section 13(3), F1...
c
make an order for the payment of compensation under section 130 of the Sentencing Act F2, or
d
make an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.
3
If the court sentences the defendant for the offence (or any of the offences) concerned in the postponement period, after that period ends it may vary the sentence by—
a
imposing a fine on him,
b
making an order falling within section 13(3), F3...
c
making an order for the payment of compensation under section 130 of the Sentencing Act F4, or
d
making an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.
4
But the court may proceed under subsection (3) only within the period of 28 days which starts with the last day of the postponement period.
5
For the purposes of—
a
section 18(2) of the Criminal Appeal Act 1968 (c. 19) (time limit for notice of appeal or of application for leave to appeal), and
b
paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (c. 33) (time limit for notice of application for leave to refer a case under section 36 of that Act),
the sentence must be regarded as imposed or made on the day on which it is varied under subsection (3).
6
If the court proceeds to sentence the defendant under subsection (1), section 6 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding his sentence for the offence or offences concerned.
7
The postponement period is the period for which proceedings under section 6 are postponed.
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.)