Proceeds of Crime Act 1995

1995 CHAPTER 11

An Act to make further provision for and in relation to the recovery of the proceeds of criminal conduct; to make further provision for facilitating the enforcement of overseas forfeiture and restraint orders; and for connected purposes.

[28th June 1995]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Making of confiscation orders

^F1 1 Duty to make confiscation orders.

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

^F1 2 Confiscation relating to a course of criminal conduct.

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

Incidental provisions relating to confiscation

^F1 3 Provision of information by prosecutor.

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

^F1 4 Provision of information by defendant.

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

^F1 5 Review of cases where proceeds of crime not assessed.

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

^F1 6 Revision of assessment of proceeds of crime.

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

^F1 7 Revision of assessment of amount to be recovered.

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

^F1 8 Enforcement etc. of confiscation orders.

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

^F1 9 Payment of interest on sums unpaid.

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

^F1 10 Variation of confiscation order on receiver’s application.

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

^F1 11 Order to make material available.

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

^F1 12 Authority for search.

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

^F1 13 Disclosure of information held by government departments.

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

Enforcement of overseas forfeiture and restraint orders

14 Enforcement in UK of overseas forfeiture and restraint orders

(1) ^M1 In each of the following paragraphs of Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (enforcement of overseas orders providing for the forfeiture or restraint of terrorist funds), namely—

(a) paragraph 10 (which relates to enforcement in England and Wales),

(b) paragraph 20 (which relates to enforcement in Scotland), and

there shall be inserted, after sub-paragraph (2), the sub-paragraph set out in subsection (2) below.

(2) That sub-paragraph is—

“ (2A) Without prejudice to the generality of sub-paragraph (1) above, the provision that may be made by virtue of that sub-paragraph includes provision which, for the purpose of facilitating the enforcement of any external order that may be made, has effect at times before there is an external order to be enforced. ”

(3) ^M2 Section 9 of the Criminal Justice (International Co-operation) Act 1990 (enforcement of overseas forfeiture orders) shall have effect, and be deemed always to have had effect, with the insertion, after subsection (1), of the following subsection—

“ (1A) Without prejudice to the generality of subsection (1) above the provision that may be made by virtue of that subsection includes provision which, for the purpose of facilitating the enforcement of any order that may be made, has effect at times before there is an order to be enforced. ”

Supplemental

15 Consequential and transitional amendments and repeals.

^F2 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The enactments mentioned in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

16 Short title, interpretation, commencement and extent. _P1

(1) This Act may be cited as the Proceeds of Crime Act 1995.

^F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subject to subsections (4) to (6) below, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed under this subsection for different purposes.

(4) Section 14 above and this section come into force on the passing of this Act.

^F5 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) This Act, except for section 14 above and this section, does not extend to Scotland or Northern Ireland.

SCHEDULES

Section 15.

^F6 SCHEDULE 1 Consequential Amendments of the 1988 Act

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

Section 15.

SCHEDULE 2 Repeals

Chapter	Short title	Extent of repeal
1988 c. 33.	The Criminal Justice Act 1988.	In section 71—
		(a) subsection (7);
		(b) in subsection (7A), paragraph (b) and, in paragraph (c), the words “by virtue of section 72 below”; and
		(c) subsection (8).
		In section 72, subsections (1) to (4).
		In section 72A(1), paragraph (b) and, in paragraph (c), the words “by virtue of section 72 above”.
		In section 73, subsection (4).

in force	Provision is in force
in force*	In force only for specified purposes (see footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
defined term	Defined term
_dfn	Defined term (alternative style)

in force

Provision is in force

in force*

In force only for specified purposes (see footnote)

not in force

Not in force in England (may be in force in other geographies, see footnotes)

defined term

Defined term

_dfn

Defined term (alternative style)

footnote	commentary	in force status	related provisions	insert/omit
F1	Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29) , s. 458(1) , Sch. 12 ; S.I. 2003/120 , art. 2 , Sch. (with arts. 3 , 4 (as amended (20.2.2003) by S.I. 2003/333 , art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)		this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
F1	Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29) , s. 458(1) , Sch. 12 ; S.I. 2003/120 , art. 2 , Sch. (with arts. 3 , 4 (as amended (20.2.2003) by S.I. 2003/333 , art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)		this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
F1	Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29) , s. 458(1) , Sch. 12 ; S.I. 2003/120 , art. 2 , Sch. (with arts. 3 , 4 (as amended (20.2.2003) by S.I. 2003/333 , art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)		this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
F1	Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29) , s. 458(1) , Sch. 12 ; S.I. 2003/120 , art. 2 , Sch. (with arts. 3 , 4 (as amended (20.2.2003) by S.I. 2003/333 , art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)		this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
F1	Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29) , s. 458(1) , Sch. 12 ; S.I. 2003/120 , art. 2 , Sch. (with arts. 3 , 4 (as amended (20.2.2003) by S.I. 2003/333 , art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)		this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
F1	Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29) , s. 458(1) , Sch. 12 ; S.I. 2003/120 , art. 2 , Sch. (with arts. 3 , 4 (as amended (20.2.2003) by S.I. 2003/333 , art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)		this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
F1	Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29) , s. 458(1) , Sch. 12 ; S.I. 2003/120 , art. 2 , Sch. (with arts. 3 , 4 (as amended (20.2.2003) by S.I. 2003/333 , art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)		this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
F1	Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29) , s. 458(1) , Sch. 12 ; S.I. 2003/120 , art. 2 , Sch. (with arts. 3 , 4 (as amended (20.2.2003) by S.I. 2003/333 , art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)		this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
F1	Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29) , s. 458(1) , Sch. 12 ; S.I. 2003/120 , art. 2 , Sch. (with arts. 3 , 4 (as amended (20.2.2003) by S.I. 2003/333 , art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)		this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
F1	Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29) , s. 458(1) , Sch. 12 ; S.I. 2003/120 , art. 2 , Sch. (with arts. 3 , 4 (as amended (20.2.2003) by S.I. 2003/333 , art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)		this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
F1	Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29) , s. 458(1) , Sch. 12 ; S.I. 2003/120 , art. 2 , Sch. (with arts. 3 , 4 (as amended (20.2.2003) by S.I. 2003/333 , art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)		this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
F1	Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29) , s. 458(1) , Sch. 12 ; S.I. 2003/120 , art. 2 , Sch. (with arts. 3 , 4 (as amended (20.2.2003) by S.I. 2003/333 , art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)		this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
F1	Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29) , s. 458(1) , Sch. 12 ; S.I. 2003/120 , art. 2 , Sch. (with arts. 3 , 4 (as amended (20.2.2003) by S.I. 2003/333 , art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)		this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
F2	S. 15(1) repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29) , s. 458(1) , Sch. 12 ; S.I. 2003/333 , art. 2 , Sch. (with arts. 10-13 )		this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
F3	S. 15(2)(3) repealed (24.2.2003 for specified purposes, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29) , s. 458(1) , Sch. 11 para. 27 , Sch. 12 ; S.I. 2003/120 , art. 2 , Sch. (with arts. 3 , 4 (as amended (20.2.2003) by S.I. 2003/333 , art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)	commentary suggests repealed	this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
F4	S. 16(2) repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29) , s. 458(1) , Sch. 12 ; S.I. 2003/333 , art. 2 , Sch. (with arts. 10-13 )		this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
F5	S. 16(5)(6) repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29) , s. 458(1) , Sch. 12 ; S.I. 2003/333 , art. 2 , Sch. (with arts. 10-13 )		this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
F6	Sch. 1 repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29) , s. 458(1) , Sch. 12 ; S.I. 2003/333 , art. 2 , Sch. (with arts. 10-13 )		this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed
M1	1989 c. 4 .
M2	1990 c. 5 .
P1	S. 16(3) power fully exercised (7.10.1995): 1.11.1995 appointed day by S.I. 1995/2650 , art. 2

Proceeds of Crime Act 1995

1995 CHAPTER 11

Making of confiscation orders

F1 1 Duty to make confiscation orders.

F1 2 Confiscation relating to a course of criminal conduct.

Incidental provisions relating to confiscation

F1 3 Provision of information by prosecutor.

F1 4 Provision of information by defendant.

F1 5 Review of cases where proceeds of crime not assessed.

F1 6 Revision of assessment of proceeds of crime.

F1 7 Revision of assessment of amount to be recovered.

F1 8 Enforcement etc. of confiscation orders.

F1 9 Payment of interest on sums unpaid.

F1 10 Variation of confiscation order on receiver’s application.

F1 11 Order to make material available.

F1 12 Authority for search.

F1 13 Disclosure of information held by government departments.

Enforcement of overseas forfeiture and restraint orders

14 Enforcement in UK of overseas forfeiture and restraint orders

Supplemental

15 Consequential and transitional amendments and repeals.

16 Short title, interpretation, commencement and extent. P1

SCHEDULES

F6 SCHEDULE 1 Consequential Amendments of the 1988 Act

SCHEDULE 2 Repeals

Status of changes to instrument text

^F1 1 Duty to make confiscation orders.

^F1 2 Confiscation relating to a course of criminal conduct.

^F1 3 Provision of information by prosecutor.

^F1 4 Provision of information by defendant.

^F1 5 Review of cases where proceeds of crime not assessed.

^F1 6 Revision of assessment of proceeds of crime.

^F1 7 Revision of assessment of amount to be recovered.

^F1 8 Enforcement etc. of confiscation orders.

^F1 9 Payment of interest on sums unpaid.

^F1 10 Variation of confiscation order on receiver’s application.

^F1 11 Order to make material available.

^F1 12 Authority for search.

^F1 13 Disclosure of information held by government departments.

16 Short title, interpretation, commencement and extent. _P1

^F6 SCHEDULE 1 Consequential Amendments of the 1988 Act