PART 1Proceeds of crime

CHAPTER 1England and Wales

Confiscation: other amendments

I18Variation or discharge

1

In section 23 of the Proceeds of Crime Act 2002 (inadequacy of available amount: variation of confiscation order), in subsection (1)(b), after “the defendant” insert “ or the prosecutor ”.

2

After section 25 of that Act insert—

25ARecovery from estate of deceased defendant impractical: discharge of order

1

This section applies if—

a

a court has made a confiscation order,

b

the defendant dies while the order is not satisfied, and

c

the designated officer for a magistrates' court applies to the Crown Court for the discharge of the order.

2

The court may discharge the order if it appears to the court that—

a

it is not possible to recover anything from the estate of the deceased for the purpose of satisfying the order to any extent, or

b

it would not be reasonable to make any attempt, or further attempt, to recover anything from the estate of the deceased for that purpose.

3

Section 25A of that Act (inserted by subsection (2) above) applies to—

F1za

a confiscation order made under the Drug Trafficking Offences Act 1986,

a

a confiscation order made under Part 6 of the Criminal Justice Act 1988, or

b

a confiscation order made under the Drug Trafficking Act 1994,

as it applies to a confiscation order made under the Proceeds of Crime Act 2002.