(1)This section applies if—
(a)a confiscation order is made,
(b)it is not satisfied, and
(c)it is not subject to appeal.
(2)On the application of the prosecutor the Crown Court may by order appoint a receiver in respect of realisable property.
Definitions used in section 50 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 50 13
R v Peter Adrian Dilenardo & Anor
Interprets the gateway and discretion for appointing a receiver: the confiscation order must have been made, remain unsatisfied and not be subject to appeal; even then appointment is discretionary. (see paras [35]; [39]; [55]) Interprets the statutory conditions for section 50 relief: an unsatisfied confiscation order must not be subject to appeal. (see para [36]) Confirms the Crown Court’s power, on the prosecutor’s application, to appoint a receiver over realisable property. (see para [35])
R v Malcolm Teasdale
Confirms that the statutory conditions for enforcement receivership were met where a Confiscation Order had been made, remained unsatisfied and was not subject to appeal. (see paras [6]-[10]) Applies the provision to an unpaid confiscation order that was not subject to appeal. The court accepted that appointment of an Enforcement Receiver was necessary and proportionate to secure compliance. (see paras [6]-[10])
Ministry Of Justice Of The Kingdom Of The Netherlands v Huseyin Baybasin & Or
Applies the statutory framework for restraint and receivership designed to realise property belonging to a person subject to a confiscation order. (see para [24])
- Popoola, R (on the application of) v Westminster Magistrates' Court & Anor
- Designated Officer for Sunderland Magistrates' Court v George Knowles Krager
- R v Jacqueline Marie Stewart
- Ronan Hughes & Anor v R
- Mirchandani v The Lord Chancellor
- Morrison, R. v
- Boyle Transport (Northern Ireland) Ltd v R. (Rev 1)
- Oyebola, R v
- Modjiri, R. v
- Senel Ahmet v David Tatum & Anor
What each judgment says about section 50 is in the case-law panel in the full Act.
Explanatory note
Amendments and notes
1 notes from legislation.gov.uk
Commencement
- I45S. 50 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
101.Where a confiscation order has been made and the magistrates’ court will be responsible for enforcing it, section 50 empowers the Crown Court to appoint a person to act as enforcement receiver to help enforce the confiscation order. This is another function transferred from the High Court to the Crown Court, in accordance with the general principle of the Crown Court as the main venue for confiscation. As in earlier confiscation legislation, the application for the appointment of an enforcement receiver, where the magistrates’ court is enforcing the confiscation order, has to be made by the prosecutor. Thus, prosecutors will continue to be involved in confiscation order enforcement. The enforcement receiver may (but need not) be the same as the management receiver appointed under section 48.