Proceeds of Crime Act 2002, section 16

Statement of information

Part 2 Confiscation: England and Wales

(1)F84If the court is proceeding under section 6 in a case where section 6(3)(a) applies, the prosecutor ... must give the court a statement of information within the period the court orders.

(2)If the court is proceeding under section 6 in a case where section 6(3)(b) applies and it orders the prosecutor to give it a statement of information, the prosecutor must give it such a statement within the period the court orders.

(3)F85,F86If the prosecutor ... believes the defendant has a criminal lifestyle the statement of information is a statement of matters the prosecutor ...believes are relevant in connection with deciding these issues—

(a)whether the defendant has a criminal lifestyle;

(b)whether he has benefited from his general criminal conduct;

(c)his benefit from the conduct.

(4)F87A statement under subsection (3) must include information the prosecutor ... believes is relevant—

(a)in connection with the making by the court of a required assumption under section 10;

(b)for the purpose of enabling the court to decide if the circumstances are such that it must not make such an assumption.

(5)F88,F89If the prosecutor ... does not believe the defendant has a criminal lifestyle the statement of information is a statement of matters the prosecutor ... believes are relevant in connection with deciding these issues—

(a)whether the defendant has benefited from his particular criminal conduct;

(b)his benefit from the conduct.

(6)F90If the prosecutor ... gives the court a statement of information—

(a)he may at any time give the court a further statement of information;

(b)he must give the court a further statement of information if it orders him to do so, and he must give it within the period the court orders.

[F91 (6A)A statement of information (other than one to which subsection (6B) applies) must include any information known to the prosecutor which the prosecutor believes is or would be relevant for the purpose of enabling the court to decide—

(a)whether to make a determination under section 10A, or

(b)what determination to make (if the court decides to make one).

(6B)If the court has decided to make a determination under section 10A, a further statement of information under subsection (6)(b) must, if the court so orders, include specified information that is relevant to the determination.F91]

(7)If the court makes an order under this section it may at any time vary it by making another one.

Definitions used in section 16 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 16 23

Zuman & Anor v R

[2021] EWCA Crim 399 · 19 March 2021

The court directed that the fresh proceedings should start from the Crown’s existing section 16 statements, subject to directions for amendment or replacement (see paras [64]; [103]).

Morfitt, R v

[2017] EWCA Crim 669 · 25 May 2017

The court treated the prosecution’s section 16(3) statement as untested material. Its possible evidential inadequacy did not invalidate an order made after the appellant chose to agree the benefit figure rather than contest the statement (see paras [27]-[31]).

Onuigbo (aka Okoronkwo) v R

[2014] EWCA Crim 65 · 31 January 2014

The prosecutor’s financial statements adequately identified the transactions relied upon to establish criminal lifestyle and benefit. No further transaction-by-transaction particulars were required. (see paras [51]-[53])

3 more judgments, and what each says about section 16, are in the case-law panel in the full Act.

Explanatory note

38.Where the prosecutor or the Director of the Agency requires the court to hold a confiscation hearing, the prosecutor (or the Director, as the case may be) is required to give the court a statement detailing the defendant’s benefit from criminal conduct. The nature of the information in the statement will depend on whether the prosecutor or the Director believes the defendant has a criminal lifestyle. If the prosecutor or Director does believe that the defendant has a criminal lifestyle, under sub-section (4) the statement must include information relevant to the making of the assumptions and for the purpose of enabling the court to decide if it should not make an assumption. The statement will therefore include information about matters known to the prosecutor or Director which could cause the court to decide that making an assumption would give rise to a serious risk of injustice.

39.Subsection (2) provides that, where the court holds a confiscation hearing of its own volition, it may require the prosecutor (but not the Director) to present a statement. The provision is based on the assumption that the court will never hold a confiscation hearing of its own volition in a case in which the Director is involved.

All the explanatory notes for the Act

Amendments and notes

9 notes from legislation.gov.uk

Amendments

  1. F84Words in s. 16(1) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 5(2), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
  2. F85Words in s. 16(3) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 5(3)(a), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
  3. F86Words in s. 16(3) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 5(3)(b), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
  4. F87Words in s. 16(4) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 5(4), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
  5. F88Words in s. 16(5) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 5(5)(a), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
  6. F89Words in s. 16(5) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 5(5)(b), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
  7. F90Words in s. 16(6) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 5(6), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
  8. F91S. 16(6A)(6B) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 2(1), 88(1); S.I. 2015/820, reg. 3(a)

Commencement

  1. I11S. 16 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.