Proceeds of Crime Act 2002, section 70

Committal by magistrates’ court

Part 2 Confiscation: England and Wales

(1)This section applies if—

(a)a defendant is convicted of an offence by a magistrates’ court, and

(b)the prosecutor asks the court to commit the defendant to the Crown Court with a view to a confiscation order being considered under section 6.

(2)In such a case the magistrates’ court—

(a)must commit the defendant to the Crown Court in respect of the offence, and

(b)may commit him to the Crown Court in respect of any other offence falling within subsection (3).

(3)An offence falls within this subsection if—

(a)the defendant has been convicted of it by the magistrates’ court or any other court, and

(b)the magistrates’ court has power to deal with him in respect of it.

(4)If a committal is made under this section in respect of an offence or offences—

(a)section 6 applies accordingly, and

(b)the committal operates as a committal of the defendant to be dealt with by the Crown Court in accordance with section 71.

(5)If a committal is made under this section in respect of an offence for which (apart from this section) the magistrates’ court could have committed the defendant for sentence under [F333section 14(2) of the Sentencing CodeF333] (offences triable either way) [F334or under [F335 section 16(2) [F336 or 16A(2)F336] of that CodeF335] (committal of child or young person)F334] the court must state whether it would have done so.

(6)A committal under this section may be in custody or on bail.

Definitions used in section 70 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 70 8

R v Joel Salem & Anor

[2025] EWCA Crim 1602 · 19 December 2025

The court applied section 70(1), read with section 70(2), to the magistrates’ court’s power to commit a defendant to the Crown Court when confiscation is sought. (see para [28]) The court applied section 70(2) with section 70(1) to the committal for confiscation and sentence in the present case. (see para [28])

Sumal & Sons (Properties) Ltd v London Borough of Newham

[2012] EWCA Crim 1840 · 8 August 2012Interprets

Section 70 permits committal by a magistrates’ court so that confiscation can be considered. It applies to summary-only as well as either-way offences, but a valid committal did not establish that confiscation was substantively available (see paras [16]-[19]; [45]). The unqualified reference to “an offence” in section 70(1) was held not to be restricted to offences triable either way. The Crown Court could therefore be engaged following a summary conviction (see paras [17]-[19]). Where the prosecutor requests committal, section 70(2)(a) required the magistrates’ court to commit the defendant. The absence of prior notice of the request did not make the committal abusive (see para [23]). Section 70(3) also refers generally to “an offence”. The court treated that language as confirming that section 70 is not confined to either-way offences (see paras [17]-[18]). Section 70(5) separately addresses offences which could otherwise have been committed for sentence as either-way offences. The court inferred that section 70 also covers other offences, including summary-only offences (see para [18]).

Kombou, R (On the Application Of) v The Crown Court at Wood Green

[2020] EWHC 1529 (Admin) · 12 June 2020

Applies the committal mechanism by which a defendant convicted in the magistrates’ court may be committed to the Crown Court for confiscation proceedings to be considered (see paras [1], [24]).

What each judgment says about section 70 is in the case-law panel in the full Act.

Explanatory note

126.Section 70 needs to be read in conjunction with section 6(2)(c). Its effect is that a person may be committed to the Crown Court for confiscation proceedings following a conviction of any offence, indictable or summary, in the magistrates’ court. Where the prosecutor asks the magistrates’ court to do so, the court must commit the defendant to the Crown Court under this section. The power to have a person committed is granted only to the prosecutor, not to the Director of the Agency. However the Director can assume responsibility for the subsequent confiscation proceedings in the Crown Court.

127.Where the defendant is convicted of an either way offence, subsection (5) requires the magistrates’ court to state whether it would have committed the defendant to the Crown Court for sentence anyway. This subsection is required because, under section 71, the Crown Court’s sentencing powers following a committal for confiscation are normally limited to the sentencing powers the magistrates’ court would have had in the same case.

All the explanatory notes for the Act

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F333Words in s. 70(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 195(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  2. F334Words in s. 70(5) inserted (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 75(4); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4) text inserted for certain specified purposes only, see the commentary.
  3. F335Words in s. 70(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 195(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  4. F336Words in s. 70(5) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 19

Commencement

  1. I60S. 70 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.