C2C4C3C1C5Part 2Confiscation: England and Wales

Annotations:
Modifications etc. (not altering text)
C2

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

C4

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

Procedural matters

I1C3C116C3C1 Statement of information

1

If the court is proceeding under section 6 in a case where section 6(3)(a) applies, the prosecutor or the Director (as the case may be) must give the court a statement of information within the period the court orders.

2

If the court is proceeding under section 6 in a case where section 6(3)(b) applies and it orders the prosecutor to give it a statement of information, the prosecutor must give it such a statement within the period the court orders.

3

If the prosecutor or the Director (as the case may be) believes the defendant has a criminal lifestyle the statement of information is a statement of matters the prosecutor or the Director believes are relevant in connection with deciding these issues—

a

whether the defendant has a criminal lifestyle;

b

whether he has benefited from his general criminal conduct;

c

his benefit from the conduct.

4

A statement under subsection (3) must include information the prosecutor or Director believes is relevant—

a

in connection with the making by the court of a required assumption under section 10;

b

for the purpose of enabling the court to decide if the circumstances are such that it must not make such an assumption.

5

If the prosecutor or the Director (as the case may be) does not believe the defendant has a criminal lifestyle the statement of information is a statement of matters the prosecutor or the Director believes are relevant in connection with deciding these issues—

a

whether the defendant has benefited from his particular criminal conduct;

b

his benefit from the conduct.

6

If the prosecutor or the Director gives the court a statement of information—

a

he may at any time give the court a further statement of information;

b

he must give the court a further statement of information if it orders him to do so, and he must give it within the period the court orders.

7

If the court makes an order under this section it may at any time vary it by making another one.