Proceeds of Crime Act 2002, section 15

Effect of postponement

Part 2 Confiscation: England and Wales

(1)If the court postpones proceedings under section 6 it may proceed to sentence the defendant for the offence (or any of the offences) concerned.

(2)In sentencing the defendant for the offence (or any of the offences) concerned in the postponement period the court must not—

(a)impose a fine on him,

(b)F72make an order falling within section 13(3), ...

(c)make an order for the payment of compensation under [F73Chapter 2 of Part 7 of the Sentencing CodeF73][F74 , F75...

[F76 (ca)make an order for the payment of a surcharge under [F77 section 42 of the Sentencing CodeF77] , orF76]

(d)make an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013F74] .

(3)If the court sentences the defendant for the offence (or any of the offences) concerned in the postponement period, after that period ends it may vary the sentence by—

(a)imposing a fine on him,

(b)F78making an order falling within section 13(3), ...

(c)making an order for the payment of compensation under [F79Chapter 2 of Part 7 of the Sentencing Code F79][F80 , F81...

[F82 (ca)making an order for the payment of a surcharge under [F83 section 42 of the Sentencing CodeF83] , orF82]

(d)making an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013F80] .

(4)But the court may proceed under subsection (3) only within the period of 28 days which starts with the last day of the postponement period.

(5)For the purposes of—

(a)section 18(2) of the Criminal Appeal Act 1968 (c. 19) (time limit for notice of appeal or of application for leave to appeal), and

(b)paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (c. 33) (time limit for notice of application for leave to refer a case under section 36 of that Act),

the sentence must be regarded as imposed or made on the day on which it is varied under subsection (3).

(6)If the court proceeds to sentence the defendant under subsection (1), section 6 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding his sentence for the offence or offences concerned.

(7)The postponement period is the period for which proceedings under section 6 are postponed.

Definitions used in section 15 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 15 10

R v Varma

[2012] UKSC 42 · 10 October 2012Limits

Sentencing during a postponement does not extinguish the duty to complete confiscation proceedings. The section coordinates later confiscation with financial sentencing orders (see paras [19]-[22]). The court may sentence during postponed confiscation proceedings. A discharge imposed at that stage does not absolve the court from its continuing confiscation duty (see paras [19]; [22]). During the postponement period, the court may not impose a fine or specified financial order because the eventual confiscation order must first be considered (see para [20]). After the postponement period, the sentence may be varied by adding a fine or specified financial order, subject to taking the confiscation order into account (see para [20]). The power to vary the sentence after postponement is subject to the statutory 28-day period (see paras [11]; [20]).

Sachan, R v

[2018] EWCA Crim 2592 · 9 November 2018Interprets

Section 15(2) prohibited making the compensation order during the postponement period. The court held that breach of the prohibition did not entail total invalidity of the order. (see paras [14]; [16]; [18])

Kakkad, R v

[2015] EWCA Crim 385 · 17 March 2015Interprets

Section 15(2) prohibited the court from making a listed forfeiture order while sentencing during a postponement period. The court held that breach of that prohibition does not prevent a later confiscation order. (see paras [8]; [10]-[13])

What each judgment says about section 15 is in the case-law panel in the full Act.

Explanatory note

37.Section 15 makes it clear that, as under earlier confiscation legislation, the court may sentence the defendant at any time during the period of postponement. The purpose of the provision is to avoid the sentence being delayed while confiscation is considered. The court is not allowed to impose a fine or ancillary order (such as a forfeiture order) when it sentences the defendant in the postponement period because it needs to know the amount of the confiscation order before it does this. However, it may vary the sentence within 28 days of the end of the postponement period by making one or more of these disposals, by which time any confiscation order will have been made. This will, in particular, enable the forfeiture and destruction of drugs to be ordered in a drug trafficking case.

All the explanatory notes for the Act

Amendments and notes

13 notes from legislation.gov.uk

Amendments

  1. F72Word in s. 15(2)(b) omitted (15.10.2013 for E., 5.11.2013 for W.) by virtue of Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 16(2)(a); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2
  2. F73Words in s. 15(2)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 184(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  3. F74S. 15(2)(d) and word 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. 16(2)(b); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2
  4. F75Word in s. 15(2)(c) omitted (1.6.2015) by virtue of Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 22(2)(a); S.I. 2015/820, reg. 3(q)(iii)
  5. F76S. 15(2)(ca) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 22(2)(b); S.I. 2015/820, reg. 3(q)(iii)
  6. F77Words in s. 15(2)(ca) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 184(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  7. F78Word in s. 15(3)(b) omitted (15.10.2013 for E., 5.11.2013 for W.) by virtue of Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 16(3)(a); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2
  8. F79Words in s. 15(3)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 184(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  9. F80S. 15(3)(d) and word 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. 16(3)(b); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2
  10. F81Word in s. 15(3)(c) omitted (1.6.2015) by virtue of Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 22(3)(a); S.I. 2015/820, reg. 3(q)(iii)
  11. F82S. 15(3)(ca) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 22(3)(b); S.I. 2015/820, reg. 3(q)(iii)
  12. F83Words in s. 15(3)(ca) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 184(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Commencement

  1. I10S. 15 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.