Proceeds of Crime Act 2002, section 69

Powers of court and receiver etc

Part 2 Confiscation: England and Wales

(1)This section applies to—

(a)the powers conferred on a court by sections 41 to [F32859 F328] and sections 62 to [F32967DF329] ;

(b)the powers of a receiver appointed under section 48 [F330or 50F330] .

[F331 (c)the powers conferred on appropriate officers by sections 47C to 47L;

(d)the powers conferred on senior officers by section 47G.F331]

(2)The powers—

(a)must be exercised with a view to the value for the time being of realisable property being made available (by the property’s realisation) for satisfying any confiscation order that has been or may be made against the defendant;

(b)must be exercised, in a case where a confiscation order has not been made, with a view to securing that there is no diminution in the value of realisable property;

(c)must be exercised without taking account of any obligation of the defendant or a recipient of a tainted gift if the obligation conflicts with the object of satisfying any confiscation order that has been or may be made against the defendant;

(d)may be exercised in respect of a debt owed by the Crown.

[F332 (2A)Subsection (2)(a) does not apply to—

(a)the power conferred on a court by paragraph (e) of section 51(2) (which enables the court to give a receiver the power to destroy cryptoassets),

(b)a power conferred on a receiver by virtue of that paragraph, or

(c)the power conferred on a magistrates’ court by section 67AA (power to order destruction of cryptoassets).F332]

(3)Subsection (2) has effect subject to the following rules—

(a)the powers must be exercised with a view to allowing a person other than the defendant or a recipient of a tainted gift to retain or recover the value of any interest held by him;

(b)in the case of realisable property held by a recipient of a tainted gift, the powers must be exercised with a view to realising no more than the value for the time being of the gift;

(c)in a case where a confiscation order has not been made against the defendant, property must not be sold if the court so orders under subsection (4).

(4)If on an application by the defendant, or by the recipient of a tainted gift, the court decides that property cannot be replaced it may order that it must not be sold.

(5)An order under subsection (4) may be revoked or varied.

Definitions used in section 69 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
appropriate officer

In sections 127B to 127R “appropriate officer” means—

(a)an officer of Revenue and Customs, or

(aa)an immigration officer, or

(b)a constable.

Defined in s.127A · see it in the full Act

(1) In sections 195B to 195S “appropriate officer” means—

(a)an officer of Revenue and Customs,

(aa)an immigration officer, or

(b)a constable, ...

(ba)an SFO officer, or

(c)an accredited financial investigator.

Defined in s.195A(1) · see it in the full Act

Cases considering section 69 29

R v Luckhurst

[2022] UKSC 23 · 20 July 2022

Directs the exercise of restraint powers towards preserving realisable property for any confiscation order. Courts deciding whether civil legal expenses are reasonable must follow that legislative steer and refuse excessive expenditure (see paras [29]-[30]; [34]).

Crown Prosecution Service v Aquila Advisory Ltd

[2021] UKSC 49 · 3 November 2021

A receiver’s powers must be exercised with a view to allowing a person other than the defendant or recipient of a tainted gift to retain or recover the value of that person’s interest. This supports preservation of third-party rights (see para [33]).

R v Matthew Hargreaves

[2026] EWCA Crim 58 · 10 February 2026Interprets

Interprets the statutory steer as compatible with maintaining restraint on a good arguable case without resolving every controversial issue. The reference to realising reflects the ultimate enforcement stage. (see para [16]) Cited only. Interprets the requirement to exercise powers with a view to realising no more than the value of a tainted gift as compatible with deferring the substantive dispute to enforcement. (see para [16])

9 more judgments, and what each says about section 69, are in the case-law panel in the full Act.

Explanatory note

124.Section 69 makes provision about how the Crown Court and receivers appointed under the Act are to exercise their powers. It largely re-enacts earlier legislation in that it emphasises, for example, that the satisfaction of a confiscation order takes precedence over any other obligations of the defendant or the recipient of a tainted gift from the defendant.

125.Subsections (2)(b), (3)(c), (4) and (5) are new. Where a confiscation order has not yet been made, they require the powers to be exercised with a view to maintaining the value of the amount available for confiscation. This will enable management receivers to dispose of depreciating assets. Subsection (4), however, enables the defendant or the recipient of a tainted gift to challenge the management receiver’s decision to dispose of a particular asset on the grounds that the asset is irreplaceable. The provision has regard to the fact that the defendant has not been convicted at this stage and should not, therefore, be obliged to lose irreplaceable assets. It does not apply to enforcement receivers because at the enforcement stage, any realisable property can be used to satisfy a confiscation order.

All the explanatory notes for the Act

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F327Word in s. 69 heading inserted (1.6.2015) by Policing and Crime Act 2009 (c. 26), ss. 55(4)(b), 116(1); S.I. 2015/983, art. 2(2)(a)
  2. F328Word in s. 69(1)(a) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 34(a); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  3. F329Word in s. 69(1)(a) substituted (1.6.2015) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 67; S.I. 2015/983, arts. 2(2)(e), 3(n)
  4. F330Words in s. 69(1)(b) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 34(b); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  5. F331S. 69(1)(c)(d) inserted (1.6.2015) by Policing and Crime Act 2009 (c. 26), ss. 55(4)(a), 116(1); S.I. 2015/983, art. 2(2)(a)
  6. F332S. 69(2A) inserted (26.10.2023 for specified purposes, 26.4.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 8 para. 17; S.I. 2024/269, reg. 4(a)

Commencement

  1. I59S. 69 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.