PART 1Proceeds of crime
CHAPTER 1England and Wales
Confiscation: other amendments
6Confiscation and victim surcharge orders
1
Section 13 of the Proceeds of Crime Act 2002 (effect of order on court’s other powers) is amended as follows.
2
In subsection (3), in paragraph (a), for the words from “an order under section 130” to the end substitute “a priority order”.
3
After subsection (3) insert—
3A
In this section “priority order” means any of the following—
a
a compensation order under section 130 of the Sentencing Act;
b
an order requiring payment of a surcharge under section 161A of the Criminal Justice Act 2003;
c
an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.
4
For subsection (5) substitute—
5
Subsection (6) applies if—
a
the Crown Court makes both a confiscation order and one or more priority orders against the same person in the same proceedings, and
b
the court believes the person will not have sufficient means to satisfy all those orders in full.
5
In subsection (6), for “compensation or amount payable under the unlawful profit order (or both)” substitute “amount payable under the priority order (or orders)”.