C7C8C3C2C9C4C6C10C5C1C12Part 2Confiscation: England and Wales

Annotations:
Modifications etc. (not altering text)
C7

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.)

C8

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.)

C4

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)

C10

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)

Enforcement as fines etc

I1C7C8C11C2C935C7C8C2C9F5Enforcement as fines

1

This section applies if a court—

a

makes a confiscation order, and

F7b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

F1Sections 129(1) to (3) and (5) and 132(1) to (4) of the Sentencing Code (functions of court as to fines and enforcing fines) apply as if the amount ordered to be paid were a fine imposed on the defendant by the court making the confiscation order.

F92A

Where a court is fixing a term of imprisonment or detention under F6section 129(3) of the Sentencing Code (as applied by subsection (2) above) in respect of an amount ordered to be paid under a confiscation order, the maximum terms are those specified in the second column of the Table for amounts described in the corresponding entry in the first column.

TABLE

Amount

Maximum term

£10,000 or less

6 months

More than £10,000 but no more than £500,000

5 years

More than £500,000 but no more than £1 million

7 years

More than £1 million

14 years

2B

In the application of F2subsection (2) of section 129 of the Sentencing Code by virtue of subsection (2) above, the reference to F3subsections (3) to (5) of that section is to be read as a reference to—

a

F4subsections (3) and (5) of that section, and

b

subsection (2A) above.

2C

The Secretary of State may by order—

a

amend subsection (2A) so as to provide for minimum terms of imprisonment or detention under F8section 129(3) of the Sentencing Code (as applied by subsection (2) above) in respect of amounts ordered to be paid under a confiscation order;

b

amend the Table in subsection (2A) so as to remove, alter or replace any entry (including an entry inserted by virtue of the power in paragraph (a) of this subsection) or to add any entry.

3

In the application of Part 3 of the Magistrates’ Courts Act 1980 (c. 43) to an amount payable under a confiscation order—

a

ignore section 75 of that Act (power to dispense with immediate payment);

b

such an amount is not a sum adjudged to be paid by a conviction for the purposes of section 81 (enforcement of fines imposed on young offenders) or a fine for the purposes of section 85 (remission of fines) of that Act;

c

in section 87 of that Act ignore subsection (3) (inquiry into means).