(1)If the Crown Court makes a confiscation order the prosecutor ... may appeal to the Court of Appeal in respect of the order.
(2)If the Crown Court decides not to make a confiscation order the prosecutor ... may appeal to the Court of Appeal against the decision.
(3)Subsections (1) and (2) do not apply to an order or decision made by virtue of section 10A, 19, 20, 27 or 28.
(4)An appeal lies to the Court of Appeal against a determination, under section 10A, of the extent of the defendant's interest in property.
(5)An appeal under subsection (4) lies at the instance of—
(a)the prosecutor;
(b)a person who the Court of Appeal thinks is or may be a person holding an interest in the property, if subsection (6) or (7) applies.
(6)This subsection applies if the person was not given a reasonable opportunity to make representations when the determination was made.
(7)This subsection applies if it appears to the Court of Appeal to be arguable that giving effect to the determination would result in a serious risk of injustice to the person.
(8)An appeal does not lie under subsection (4) where—
(a)the Court of Appeal believes that an application under section 50 is to be made by the prosecutor for the appointment of a receiver,
(b)such an application has been made but has not yet been determined, or
(c)a receiver has been appointed under section 50.
Cases considering section 31 29
[2025] EWCA Crim 1484 · 8 October 2025Limits
Identifies section 31 as the route for a person who is or may be holding an interest in property to appeal a section 10A determination, subject to the reasonable-opportunity and serious-injustice conditions. (see paras [10], [14]–[15])
Interprets section 31(8) as extinguishing a third party’s section 31 appeal when the prosecutor applies for appointment of a receiver. The applicant was therefore unable to pursue the earlier challenge to the section 10A determination. (see paras [10], [15])
[2024] EWCA Crim 340 · 16 April 2024Interprets
The prosecutor may appeal only from a Crown Court decision not to make a confiscation order. The provision did not authorise an appeal from the later refusal of a section 385 application, but did authorise the amended appeal against the 27 July decision (see paras [47]-[52]).
[2024] EWCA Crim 357 · 12 April 2024Interprets
Applies the separate appeal route concerning a determination of the extent of a defendant’s interest in property. (see paras [58]; [62])
Applies the right of appeal to the Court of Appeal against a section 10A determination. (see paras [58]; [64]; [73])
Interprets the appeal route as available to a defendant facing a serious risk of injustice, as well as to an affected third party. (see paras [58]; [61]; [68])
Confirms one statutory basis on which a person may appeal where a reasonable opportunity to make representations was not given. (see para [58])
Confirms the serious-risk-of-injustice basis for an appeal by a person who may hold an interest in the property. (see paras [58]; [61]; [68])
9 more judgments, and what each says about section 31, are in the
case-law panel in the full Act.
68.Section 31 gives the prosecutor and the Director a new power to appeal against any confiscation order made by the Crown Court, and against any decision of the Crown Court not to make a confiscation order. The appeal lies on any ground because the Act does not specify the kind of appeal involved. However, only an appeal on a point of law or fact will be possible under these provisions. The reason for this is that the post-conviction confiscation procedures are mandatory and therefore it is not possible for there to be an appeal on the merits in such a case (but see next paragraph for the position on revaluation cases etc). The appeal will be available where, for example, the prosecutor or the Director believe that the court has failed to take account of property which should be taken account of, or has made some miscalculation concerning the amount of the order.
69.A prosecutor’s or Director’s appeal does not, however, lie against a decision of the Crown Court under sections 19 and 20 (reconsideration), or under sections 27 and 28 (convicted and unconvicted absconders). These sections all grant the Crown Court a wide degree of discretion and it would be possible to give the prosecutor and the Director an appeal on the merits in such a case. The target of their appeal rights in this Act, however, is not the court’s exercise of a discretion but its application of the mandatory confiscation procedures.