Proceeds of Crime Act 2002, section 18

Provision of information by defendant

Part 2 Confiscation: England and Wales

(1)This section applies if—

(a)the court is proceeding under section 6 in a case where section 6(3)(a) applies, or

(b)it is proceeding under section 6 in a case where section 6(3)(b) applies or it is considering whether to proceed.

(2)For the purpose of obtaining information to help it in carrying out its functions [F93 (including functions under section 10A)F93] the court may at any time order the defendant to give it information specified in the order.

(3)An order under this section may require all or a specified part of the information to be given in a specified manner and before a specified date.

(4)If the defendant fails without reasonable excuse to comply with an order under this section the court may draw such inference as it believes is appropriate.

(5)Subsection (4) does not affect any power of the court to deal with the defendant in respect of a failure to comply with an order under this section.

(6)F94If the prosecutor ... accepts to any extent an allegation made by the defendant—

(a)in giving information required by an order under this section, or

(b)in any other statement given to the court in relation to any matter relevant to [F95deciding—

(i)the available amount under section 9, or

(ii)whether to make a determination under section 10A, or what determination to make (if the court decides to make one),F95]

the court may treat the acceptance as conclusive of the matters to which it relates.

(7)For the purposes of this section an allegation may be accepted in a manner ordered by the court.

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

(9)No information given under this section which amounts to an admission by the defendant that he has benefited from criminal conduct is admissible in evidence in proceedings for an offence.

Definitions used in section 18 2

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
extent

(5) In this Part, the “extent” of the defendant's interest in property means the proportion that the value of the defendant's interest in it bears to the value of the property itself.

Defined in s.10A(5) · see it in the full Act

Cases considering section 18 7

Zuman & Anor v R

[2021] EWCA Crim 399 · 19 March 2021

The court confirmed that confiscation proceedings under sections 16 to 18 proceed on information rather than evidence alone. Relevant information requires careful judicial assessment (see paras [64]; [78]; [97]).

Onuigbo (aka Okoronkwo) v R

[2014] EWCA Crim 65 · 31 January 2014

The Crown Court was entitled to require the appellant to give particulars of her contention that identified receipts did not represent criminal benefit. (see para [53]) Because the appellant’s response was materially deficient, the judge would have been entitled to draw adverse inferences in the confiscation proceedings. (see para [53])

Jason Butler v R

[2025] EWCA Crim 1 · 13 January 2025

The court used the appellant’s response to the disclosure order when assessing his knowledge of the reduced and uncertain property portfolio. That response showed that he knew, long before the consent order, that receivers had been appointed and that the assets’ value was doubtful. (see paras [7]-[10]; [53])

What each judgment says about section 18 is in the case-law panel in the full Act.

Explanatory note

43.Section 18 empowers the court, at any stage in the confiscation procedures, to order the defendant to provide any information it needs to enable it to carry out its confiscation functions. The court might use the provision where, for example, the defendant has proposed to rely on certain matters in responding to the statement of information, and the court considers that it requires more information from the defendant in deciding the point at issue.

44.Where the defendant fails to comply with the court’s order without reasonable excuse, subsection (4) allows the court to draw any inference it believes appropriate. However, subsection (5) makes it clear that the power does not detract from any other power the court has to deal with the defendant, notably its power to punish the defendant for contempt of court in refusing to comply with the order

45.Subsection (9) contains provision like that in section 17(6), protecting the defendant from incriminating himself and others by making an admission under section 18. However, it does not prevent the authorities from prosecuting the defendant or another person using other evidence which may come to light following such an admission.

All the explanatory notes for the Act

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F93Words in s. 18(2) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 2(2)(a), 88(1); S.I. 2015/820, reg. 3(a)
  2. F94Words in s. 18(6) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 7, Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
  3. F95Words in s. 18(6)(b) substituted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 2(2)(b), 88(1); S.I. 2015/820, reg. 3(a)

Commencement

  1. I13S. 18 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.