C2C1C3C5C4C6C7Part 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)
Appeals
I1C2C131C2C1C7 Appeal by prosecutor F4etcF1...
1
If the Crown Court makes a confiscation order the prosecutor F2... may appeal to the Court of Appeal in respect of the order.
2
If the Crown Court decides not to make a confiscation order the prosecutor F3... may appeal to the Court of Appeal against the decision.
3
Subsections (1) and (2) do not apply to an order or decision made by virtue of section F510A, 19, 20, 27 or 28.
F64
An appeal lies to the Court of Appeal against a determination, under section 10A, of the extent of the defendant's interest in property.
5
An appeal under subsection (4) lies at the instance of—
a
the prosecutor;
b
a person who the Court of Appeal thinks is or may be a person holding an interest in the property, if subsection (6) or (7) applies.
6
This subsection applies if the person was not given a reasonable opportunity to make representations when the determination was made.
7
This subsection applies if it appears to the Court of Appeal to be arguable that giving effect to the determination would result in a serious risk of injustice to the person.
8
An appeal does not lie under subsection (4) where—
a
the Court of Appeal believes that an application under section 50 is to be made by the prosecutor for the appointment of a receiver,
b
such an application has been made but has not yet been determined, or
c
a receiver has been appointed under section 50.
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.)