- Latest available (Revised)
- Point in Time (01/06/2015)
- Original (As enacted)
Point in time view as at 01/06/2015.
Proceeds of Crime Act 2002, Section 177 is up to date with all changes known to be in force on or before 12 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)This section applies if the following two conditions are satisfied.
[F1(2)The first condition is that a defendant falls within either of the following paragraphs—
(a)he absconds and, either before or after doing so, he is convicted of an offence or offences in proceedings before the Crown Court;
(b)he absconds after being committed to the Crown Court in respect of an offence or offences under section 218 below (committal with a view to a confiscation order being considered).]
(3)The second condition is that—
(a)the prosecutor F2... applies to the Crown Court to proceed under this section, and
(b)the court believes it is appropriate for it to do so.
(4)If this section applies the court must proceed under section 156 in the same way as it must proceed if the two conditions there mentioned are satisfied; but this is subject to subsection (5).
(5)If the court proceeds under section 156 as applied by this section, this Part has effect with these modifications—
(a)any person the court believes is likely to be affected by an order under section 156 is entitled to appear before the court and make representations;
(b)the court must not make an order under section 156 unless the prosecutor F3... has taken reasonable steps to contact the defendant;
(c)section 156(9) applies as if the reference to subsection (2) were to subsection (2) of this section;
(d)sections 160, 166(4), 167 and 168 must be ignored;
(e)sections 169, 170 and 171 must be ignored while the defendant is still an absconder.
[F4(6)Once the defendant ceases to be an absconder—
(a)section 169 has effect as if subsection (1) read—
“(1)This section applies if—
(a)at a time when the first condition in section 177 was satisfied the court did not proceed under section 156,
(b)before the end of the period of six years starting with the day when the defendant ceased to be an absconder, the prosecutor applies to the Crown Court to proceed under section 156, and
(c)the court believes it is appropriate for it to do so.”;
(b)section 170 has effect as if subsection (4) read—
“(4)The second condition is that—
(a)before the end of the period of six years starting with the day when the defendant ceased to be an absconder, the prosecutor applies to the Crown Court to reconsider whether the defendant has benefited from his general or particular criminal conduct (as the case may be), and
(b)the court believes it is appropriate for it to do so.”;
(c)section 171 has effect as if subsection (1) read—
“(1)This section applies if—
(a)a court has made a confiscation order,
(b)the prosecutor believes that if the court were to find the amount of the defendant's benefit in pursuance of this section it would exceed the relevant amount,
(c)before the end of the period of six years starting with the day when the defendant ceased to be an absconder, the prosecutor applies to the Crown Court to proceed under this section, and
(d)the court believes it is appropriate for it to do so.”;
(d)the modifications set out in subsection (5)(a) to (d) of this section do not apply to proceedings that take place by virtue of section 169, 170 or 171 (as applied by this subsection).]
Textual Amendments
F1S. 177(2) substituted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 31(1), 88(3)(a); S.R. 2015/190, reg. 3(1)(e)
F2Words in s. 177(3)(a) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 48(2), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
F3Words in s. 177(5)(b) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 48(3), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
F4S. 177(6) substituted for s. 177(6)(7) (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 31(2), 88(3)(a); S.R. 2015/190, reg. 3(1)(e)
Modifications etc. (not altering text)
C1Pt. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)
Commencement Information
I1S. 177 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch. (with arts. 4(2), 10-13)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: