- Latest available (Revised)
- Point in Time (31/07/2015)
- Original (As enacted)
Version Superseded: 01/12/2020
Point in time view as at 31/07/2015. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Proceeds of Crime Act 2002, Section 33 is up to date with all changes known to be in force on or before 11 September 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)An appeal lies to the [F2Supreme Court] from a decision of the Court of Appeal on an appeal under section 31.
[F3(2)An appeal under this section lies at the instance of—
(a)the defendant or the prosecutor (except where paragraph (b) applies);
(b)if the proceedings in the Court of Appeal were proceedings on an appeal under section 31(4), any person who was a party to those proceedings.]
(3)On an appeal from a decision of the Court of Appeal to confirm, vary or make a confiscation order the [F4Supreme Court] may confirm, quash or vary the order.
[F5(3A)On an appeal under this section from a decision under section 32(2A) the Supreme Court may—
(a)confirm the decision of the Court of Appeal, or
(b)make such order as it believes is appropriate.]
(4)On an appeal from a decision of the Court of Appeal to confirm the decision of the Crown Court not to make a confiscation order or from a decision of the Court of Appeal to quash a confiscation order the [F4Supreme Court] may—
(a)confirm the decision, or
(b)direct the Crown Court to proceed afresh under section 6 if it believes the decision was wrong.
(5)In proceeding afresh in pursuance of this section the Crown Court must comply with any directions the [F4Supreme Court] may make.
(6)If a court varies a confiscation order under this section or makes a confiscation order in pursuance of a direction under this section it must—
(a)have regard to any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;
(b)have regard to any order which falls within section 13(3) and has been made against him in respect of the offence (or any of the offences) concerned, unless the order has already been taken into account by a court in deciding what is the free property held by the defendant for the purposes of section 9.
(7)If the Crown Court proceeds afresh under section 6 in pursuance of a direction under this section subsections (8) to (12) apply.
(8)If a court has already sentenced the defendant for the offence (or any of the offences) concerned, section 6 has effect as if his 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.
(9)If an order has been made against the defendant in respect of the offence (or any of the offences) concerned under section 130 of the Sentencing Act (compensation orders) [F6, section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge) ] [F7or section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders)]—
(a)the Crown Court must have regard to it, and
(b)section 13(5) and (6) above do not apply [F8in relation to it].
(10)Section 8(2) does not apply, and the rules applying instead are that the Crown Court must—
(a)take account of conduct occurring before the relevant date;
(b)take account of property obtained before that date;
(c)take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.
(11)In section 10—
(a)the first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date;
(b)the third assumption does not apply with regard to expenditure incurred by him on or after that date;
(c)the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date.
(12)Section 26 applies as it applies in the circumstances mentioned in subsection (1) of that section.
(13)The relevant date is—
(a)in a case where the Crown Court made a confiscation order which was quashed by the Court of Appeal, the date on which the Crown Court made the order;
(b)in any other case, the date on which the Crown Court decided not to make a confiscation order.
Textual Amendments
F1Words in s. 33 sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 77(2); S.I. 2009/1604, art. 2(d)
F2Words in s. 33(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 77(2); S.I. 2009/1604, art. 2(d)
F3S. 33(2) substituted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 3(3)(a), 88(1); S.I. 2015/820, reg. 3(a)
F4Words in s. 33(3)-(5) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 77(2); S.I. 2009/1604, art. 2(d)
F5S. 33(3A) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 3(3)(b), 88(1); S.I. 2015/820, reg. 3(a)
F6Words in s. 33(9) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 29; S.I. 2015/820, reg. 3(q)(iii)
F7Words in s. 33(9) inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 21; S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2
F8Words in s. 33(9)(b) inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 19; S.I. 2015/1476, reg. 2(j)
Modifications etc. (not altering text)
C1Pt. 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.)
C2Pt. 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.)
C3Pt. 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)
Commencement Information
I1S. 33 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
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: