- Latest available (Revised)
- Point in Time (27/04/2017)
- Original (As enacted)
Point in time view as at 27/04/2017.
There are currently no known outstanding effects for the Serious Crime Act 2015, Section 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)In section 16 of the Proceeds of Crime Act 2002 (statement of information), after subsection (6) insert—
“(6A)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.”
(2)In section 18 of that Act (provision of information by defendant)—
(a)in subsection (2), after “functions” insert “ (including functions under section 10A) ”;
(b)in subsection (6)(b), for “deciding the available amount under section 9,” substitute “deciding—
(i)the available amount under section 9, or
(ii)whether to make a determination under section 10A, or what determination to make (if the court decides to make one),”.
(3)After that section insert—
(1)This section applies if the court—
(a)is considering whether to make a determination under section 10A of the extent of the defendant's interest in any property, or
(b)is deciding what determination to make (if the court has decided to make a determination under that section).
In this section “interested person” means a person (other than the defendant) who the court thinks is or may be a person holding an interest in the property.
(2)For the purpose of obtaining information to help it in carrying out its functions under section 10A the court may at any time order an interested person to give it information specified in the order.
(3)An order under this section may require all or a specified part of the information to be given in a specified manner and before a specified date.
(4)If an interested person fails without reasonable excuse to comply with an order under this section the court may draw such inference as it believes is appropriate.
(5)Subsection (4) does not affect any power of the court to deal with the person in respect of a failure to comply with an order under this section.
(6)If the prosecutor accepts to any extent an allegation made by an interested person—
(a)in giving information required by an order under this section, or
(b)in any other statement given to the court in relation to any matter relevant to a determination under section 10A,
the court may treat the acceptance as conclusive of the matters to which it relates.
(7)For the purposes of this section an allegation may be accepted in a manner ordered by the court.
(8)If the court makes an order under this section it may at any time vary it by making another one.
(9)No information given by a person under this section is admissible in evidence in proceedings against that person for an offence.”
Commencement Information
I1S. 2 in force at 1.6.2015 by S.I. 2015/820, reg. 3(a)
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 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: