Proceeds of Crime Act 2002, section 282A

Scope of powers

Part 5 Civil recovery of the proceeds etc. of unlawful conduct

(1)An order under this Chapter may be made by the High Court F857... or the Court of Session—

(a)in respect of property wherever situated, and

(b)in respect of a person wherever domiciled, resident or present,

subject to subsection (2).

(2)Such an order may not be made by the High Court F858... or the Court of Session in respect of—

(a)property that is outside the United Kingdom, or

(b)property that is in the United Kingdom but outside the relevant part of the United Kingdom,

unless there is or has been a connection between the case and the relevant part of the United Kingdom.

(3)The circumstances in which there is or has been such a connection include those described in Schedule 7A.

(4) “The relevant part of the United Kingdom” means—

(a)in relation to an order made by the High Court in England and Wales, England and Wales, F859...

(b)in relation to an order made by the Court of Session, Scotland.F856][F860 , and

(c)in relation to an order made by the High Court in Northern Ireland, Northern Ireland.F860]

Definitions used in section 282A 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

“the court” (except in sections 253(2) and (3) and 262(2) and (3) and Chapters 3, 3A , 3B, 3C, 3D, 3E and 3F ) means the High Court or (in relation to proceedings in Scotland) the Court of Session,

Defined in s.316(1) · see it in the full Act

Cases considering section 282A 7

Director of Public Prosecutions v Joseph James O’Connor & Ors

[2025] EWHC 3000 (KB) · 14 November 2025Limits

Confirms that a recovery order may concern property wherever situated and a person wherever present. (see para [104]) Limits recovery of property outside the United Kingdom to cases with the required connection to England and Wales or the relevant part of the United Kingdom. (see paras [105]-[108]) Confirms that the nature of the required connection is determined by Schedule 7A. (see para [106])

Director of Public Prosecutions v Alexander Surin

[2025] EWHC 10 (KB) · 3 January 2025

The court held that a recovery order could be made because there was a sufficient connection between the case and the United Kingdom, including the defendant’s British citizenship (see paras [23], [128]).

National Crime Agency v Javanshir Feyziyev & Ors

[2023] EWHC 1562 (Admin) · 23 June 2023

Applied to the overseas bank account. The court found a sufficient connection with England and Wales through the respondent’s residence and links in London. (see paras [32]; [74])

What each judgment says about section 282A is in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F857Words in s. 282A(1) omitted (retrospective to 20.3.2015) by virtue of The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 8(2)(a)
  2. F858Words in s. 282A(2) omitted (retrospective to 20.3.2015) by virtue of The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 8(2)(b)
  3. F859Word in s. 282A(4)(a) omitted (retrospective to 20.3.2015) by virtue of The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 8(2)(c)
  4. F856S. 282A and cross-heading inserted (retrospectively) by Crime and Courts Act 2013 (c. 22), ss. 48(2)(7), 61(11)(c) (with s. 48(8), Sch. 25); this insertion extended to N.I. (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 7(a)
  5. F860S. 282A(4)(c) and word inserted (retrospective to 20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 8(2)(c)

Modifications

  1. C69S. 282A: power to modify conferred (25.4.2013) by Crime and Courts Act 2013 (c. 22), s. 61(11)(f), Sch. 25 para. 4(2)(a)