C2C1C3C5C4C6C7C8Part 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)
Procedural matters
I1C2C116C2C1 Statement of information
1
If the court is proceeding under section 6 in a case where section 6(3)(a) applies, the prosecutor F1... 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 F2... believes the defendant has a criminal lifestyle the statement of information is a statement of matters the prosecutor F3...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 F4... 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 F5... does not believe the defendant has a criminal lifestyle the statement of information is a statement of matters the prosecutor F6... 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 F7... 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.
F86A
A statement of information (other than one to which subsection (6B) applies) must include any information known to the prosecutor which the prosecutor believes is or would be relevant for the purpose of enabling the court to decide—
a
whether to make a determination under section 10A, or
b
what determination to make (if the court decides to make one).
6B
If the court has decided to make a determination under section 10A, a further statement of information under subsection (6)(b) must, if the court so orders, include specified information that is relevant to the determination.
7
If the court makes an order under this section it may at any time vary it by making another one.
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.)