Proceeds of Crime Act 2002, section 14

Postponement

Part 2 Confiscation: England and Wales

(1)The court may—

(a)proceed under section 6 before it sentences the defendant for the offence (or any of the offences) concerned, or

(b)postpone proceedings under section 6 for a specified period.

(2)A period of postponement may be extended.

(3)A period of postponement (including one as extended) must not end after the permitted period ends.

(4)But subsection (3) does not apply if there are exceptional circumstances.

(5)The permitted period is the period of two years starting with the date of conviction.

(6)But if—

(a)the defendant appeals against his conviction for the offence (or any of the offences) concerned, and

(b)the period of three months (starting with the day when the appeal is determined or otherwise disposed of) ends after the period found under subsection (5),

the permitted period is that period of three months.

(7)A postponement or extension may be made—

(a)on application by the defendant;

(b)F67on application by the prosecutor ...;

(c)by the court of its own motion.

(8)If—

(a)proceedings are postponed for a period, and

(b)an application to extend the period is made before it ends,

the application may be granted even after the period ends.

(9)The date of conviction is—

(a)the date on which the defendant was convicted of the offence concerned, or

(b)if there are two or more offences and the convictions were on different dates, the date of the latest.

(10)References to appealing include references to applying under section 111 of the Magistrates’ Courts Act 1980 (c. 43) (statement of case).

(11)A confiscation order must not be quashed only on the ground that there was a defect or omission in the procedure connected with the application for or the granting of a postponement.

(12)But subsection (11) does not apply if before it made the confiscation order the court—

(a)imposed a fine on the defendant;

(b)made an order falling within section 13(3);

(c)made an order under [F68Chapter 2 of Part 7 of the Sentencing CodeF68] (compensation orders) [F69;

[F70 (ca)made an order under [F71 section 42 of the Sentencing CodeF71] (orders requiring payment of surcharge);F70]

(d)made an order under section 4 of the Prevention of Social Housing Fraud Act 2013 (unlawful profit orders)F69] .

Definitions used in section 14 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 14 23

R v Ahmad and another

[2014] UKSC 36 · 18 June 2014

The provision ordinarily limits postponement of confiscation proceedings to two years after conviction unless exceptional circumstances exist. Its requirement for speed weighs against staying enforcement while awaiting later trials, except perhaps where a trial is imminent. (see paras [10]; [74])

R v Varma

[2012] UKSC 42 · 10 October 2012Interprets

The section permits confiscation proceedings either before sentence or after a postponement. Its structure is inconsistent with quashing a lawful confiscation order merely because a discharge is later imposed (see paras [19]; [30]). The court may proceed with confiscation before sentence or postpone those proceedings. Neither choice removes the section 6 duty (see paras [19]; [25]).

R v Mark Haden & Ors

[2024] EWCA Crim 344 · 16 April 2024Limits

Interprets section 14 as a procedural regime governing postponement and the conclusion of confiscation proceedings. The permitted period is neither a limitation period nor a condition precedent to jurisdiction, and may be extended in exceptional circumstances. (see paras [4]-[10]; [27]-[28]) Confirms that confiscation proceedings may be conducted before sentence or postponed for a specified period. The postponement power prevents the court becoming functus officio before determination. (see paras [4]; [15]; [91]) Applies the postponement power as a procedural means of keeping confiscation proceedings alive after sentence, provided the court has not yet become functus officio. (see paras [4]; [91]) Applies the restriction on quashing a confiscation order solely for procedural defects to the Crown Court’s decision whether to make an order. Its operation is subject to section 14(12). (see paras [26]; [68]; [93]) Limits section 14(11) where a surcharge order has been made before the confiscation order. The judgment notes that this exception does not alter the answer in Mann’s case. (see para [93]) Confirms that a postponement period may be extended. The judgment treats that power as available where exceptional circumstances justify continuation of the proceedings. (see paras [6]; [28]) Limits the ordinary end date of a postponement but does not make expiry jurisdictional. The provision governs the period for conclusion after the court’s duty to proceed has arisen. (see paras [27]; [67]-[70]) Interprets exceptional circumstances broadly. An extension may be granted after the permitted period has expired and may arise from systemic disruption, court listing failure or exceptionally incompetent prosecution conduct. (see paras [6]; [32]-[33]; [44]) Defines the ordinary permitted period as two years from conviction, but the judgment treats that period as regulating conclusion of postponed proceedings rather than the time when the court may first be asked to proceed. (see paras [5]; [27]; [91]) Confirms that the court may extend the permitted period of its own motion because it controls the confiscation proceedings. A party’s failure to apply cannot remove jurisdiction. (see para [28]) Limits the rule permitting an application made before expiry to be granted afterwards. It does not make a late application a bar to the court’s jurisdiction to continue confiscation proceedings. (see paras [15]; [28]; [70]; [89])

3 more judgments, and what each says about section 14, are in the case-law panel in the full Act.

Explanatory note

33.Section 14 enables the court to postpone the confiscation proceedings on one or more occasions for up to a total of two years from the defendant’s conviction, or three months from the date on which any appeal against conviction is disposed of, if the three months ends more than two years after the date of conviction. There is no limit to the period of postponement where there are exceptional circumstances. The provision extends the period of postponement permitted under the earlier confiscation legislation, which is normally only up to six months. Where the court does not postpone confiscation proceedings, it must make a confiscation order before it sentences the defendant.

34.Section 14 allows proceedings to be postponed for any reason. This enables a postponement to be made if it is required, for example, because a judge is ill. Under earlier confiscation legislation, a postponement can only be made so that the court can obtain further information about the defendant’s benefit or the realisable property.

35.Section 14(8) is not found in earlier confiscation legislation. It provides that if an application for extension is made before the end of the period of postponement, it does not matter if the court makes a decision on the application after the end of the period of postponement. This deals with the situation where an application is made in time but, because of listing difficulties, the court cannot hear and make a decision on the application before the existing period of postponement expires.

36.Section 14(11) prevents a confiscation order from being quashed, merely because there has been some procedural irregularity in the operation of the postponement procedures. But subsection (12) disapplies the provision if the court imposes a fine or other specified order, and then attempts to make a confiscation order subsequently.

All the explanatory notes for the Act

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F67Words in s. 14(7)(b) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 4, Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
  2. F68Words in s. 14(12)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 183(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  3. F69S. 14(12)(d) inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 15; S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2
  4. F70S. 14(12)(ca) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 21; S.I. 2015/820, reg. 3(q)(iii)
  5. F71Words in s. 14(12)(ca) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 183(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Commencement

  1. I9S. 14 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.