Proceeds of Crime Act 2002, section 11

Time for payment

Part 2 Confiscation: England and Wales

(1)Unless subsection (2) applies, the full amount ordered to be paid under a confiscation order must be paid on the day on which the order is made.

(2)If the court making the confiscation order is satisfied that the defendant is unable to pay the full amount on that day, it may make an order requiring whatever cannot be paid on that day to be paid—

(a)in a specified period, or

(b)in specified periods each of which relates to a specified amount.

(3)A specified period—

(a)must start with the day on which the confiscation order is made, and

(b)must not exceed three months.

(4)If—

(a)within any specified period the defendant applies to the Crown Court for that period to be extended, and

(b)the court is satisfied that, despite having made all reasonable efforts, the defendant is unable to pay the amount to which the specified period relates within that period,

the court may make an order extending the period (for all or any part or parts of the amount in question).

(5)An extended period—

(a)must start with the day on which the confiscation order is made, and

(b)must not exceed six months.

(6)An order under subsection (4)—

(a)may be made after the end of the specified period to which it relates, but

(b)must not be made after the end of the period of six months starting with the day on which the confiscation order is made.

(7)Periods specified or extended under this section must be such that, where the court believes that a defendant will by a particular day be able—

(a)to pay the amount remaining to be paid, or

(b)to pay an amount towards what remains to be paid,

that amount is required to be paid no later than that day.

(8)The court must not make an order under subsection (2) or (4) unless it gives the prosecutor an opportunity to make representations.F51]

Definitions used in section 11 1

the court

(10) In this section, sections 120 to 140 and Schedule 3 “the court” means—

(a)the Court of Session, where a trial diet or a diet fixed for the purposes of section 76 of the Procedure Act in proceedings for the offence or offences concerned is to be, is being or has been held in the High Court of Justiciary;

(b)the sheriff exercising his civil jurisdiction, where a diet referred to in paragraph (a) is to be, is being or has been held in the sheriff court.

Defined in s.119(10) · see it in the full Act

Cases considering section 11 5

Revenue & Customs Prosecution Service v Kearney

[2007] EWHC 640 (Admin) · 27 February 2007Limits

Limits the relevance of the later confiscation regime. Although section 11 provides a power to vary or extend time to pay, that power cannot be inferred into the earlier statutory regime and would in any event have been out of time on the facts. (see paras [4]-[7]; [15])

R v Ahmad and another

[2014] UKSC 36 · 18 June 2014

The provision requires the court to specify a period for payment not exceeding twelve months. (see para [9])

Gor v R

[2017] EWCA Crim 3 · 20 January 2017Limits

The statutory period for payment of a confiscation order did not alter the open-market valuation required for property. (see paras [54]-[59])

What each judgment says about section 11 is in the case-law panel in the full Act.

Explanatory note

30.Section 11 indicates how long the court may allow the defendant to pay the amount due under the confiscation order. At present, there is no limit on the time that may be allowed. Section 11 provides that the amount is to be paid immediately, unless the defendant can demonstrate to the court that he needs more time to pay. The prosecutor and Director will have the right to be heard at any application by the defendant for time to pay, or an extension of time to pay. If the court is satisfied that time to pay is required, it may allow up to six months to pay, and up to a further six months on a later occasion if there are exceptional reasons justifying the extension. In no case, however, will more than 12 months be granted from the day on which the confiscation order is made.

All the explanatory notes for the Act

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F51S. 11 substituted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 5(1), 88(1); S.I. 2015/820, reg. 3(b)

Commencement

  1. I6S. 11 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.