Proceeds of Crime Act 2002 s.65 – Appeal to Court of Appeal

(1)^F289If on an application for an order under any of sections 48 to 51 ... the court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.

(2)^F290If the court makes an order under any of sections 48 to 51 ..., the following persons may appeal to the Court of Appeal in respect of the court’s decision—

(a)the person who applied for the order;

(b)any person affected by the order.

(3)If on an application for an order under section 62 the court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.

(4)If the court makes an order under section 62, the following persons may appeal to the Court of Appeal in respect of the court’s decision—

(a)the person who applied for the order;

(b)any person affected by the order;

(c)the receiver.

(5)The following persons may appeal to the Court of Appeal against a decision of the court on an application under section 63—

(a)^F291the person who applied for the order in respect of which the application was made ...;

(b)any person affected by the court’s decision;

(c)the receiver.

(6)On an appeal under this section the Court of Appeal may—

(a)confirm the decision, or

(b)make such order as it believes is appropriate.

Definitions used in section 65 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 65 3

Crown Prosecution Service v The Eastenders Group & Anor

[2012] EWCA Crim 2436 · 23 November 2012

Because the orders were variations under section 63, the CPS had a statutory right to appeal. The court therefore granted permission and determined the appeal (see paras [21]-[22]).

R v Peter Adrian Dilenardo & Anor

[2025] EWCA Crim 1672 · 18 December 2025

Provides the statutory basis invoked for seeking leave to appeal the receivership order. (see para [1])

R v Jacqueline Marie Stewart

[2025] EWCA Crim 1484 · 8 October 2025

Provides the procedural basis for the application for leave to appeal against the receivership order; leave was ultimately refused. (see paras [1], [21])

What each judgment says about section 65 is in the case-law panel in the full Act.

Explanatory note

118.This section provides rights of appeal to the Court of Appeal against decisions of the Crown Court relating to receivership matters. Like section 43, it is required because the general right of appeal which exists under earlier legislation against a decision of the High Court in a confiscation receivership matter does not apply to receivership decisions of the Crown Court under the Act.

All the explanatory notes for the Act

Amendments and notes

4 notes from legislation.gov.uk

Amendments

F289Words in s. 65(1) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 32(2), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
F290Words in s. 65(2) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 32(3), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
F291Words in s. 65(5)(a) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 32(4), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)

Commencement

I55S. 65 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.