Proceeds of Crime Act 2002 s.71 – Sentencing by Crown Court

(1)If a defendant is committed to the Crown Court under section 70 in respect of an offence or offences, this section applies (whether or not the court proceeds under section 6).

(2)In the case of an offence in respect of which the magistrates’ court has stated under section 70(5) that it would have committed the defendant for sentence, the Crown Court—

(a)must inquire into the circumstances of the case, and

(b)may deal with the defendant in any way in which it could deal with him if he had just been convicted of the offence on indictment before it.

(3)In the case of any other offence the Crown Court—

(a)must inquire into the circumstances of the case, and

(b)may deal with the defendant in any way in which the magistrates’ court could deal with him if it had just convicted him of the offence.

Definitions used in section 71 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 71 3

R v Joel Salem & Anor

[2025] EWCA Crim 1602 · 19 December 2025Interprets

The court interpreted section 71(2) as giving the Crown Court the sentencing powers available on conviction on indictment where the magistrates’ court would have committed the defendant for sentence. (see paras [28]-[29]) The court treated section 71(3) as limiting the Crown Court to the magistrates’ sentencing powers where the necessary sentencing committal had not been made. (see para [29])

London Borough of Haringey, R (On the Application Of) v Roth

[2020] EWCA Crim 967 · 24 July 2020

Applied with section 70 to confine the Crown Court to the fine available in the Magistrates’ Court on this committal. (see paras [21]; [32]-[34])

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

[2012] EWCA Crim 1840 · 8 August 2012Interprets

The court considered that the function of section 70(5) appeared to concern the Crown Court’s sentencing powers under section 71. This supported its construction of section 70 (see para [18]).

What each judgment says about section 71 is in the case-law panel in the full Act.

Explanatory note

128.Section 71 provides that, where a person is committed to the Crown Court for confiscation proceedings, the Crown Court will also assume responsibility for the sentencing process.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Commencement

I61S. 71 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.