(1)This section applies for the purpose of deciding the value at any time of property then held by a person.
(2)Its value is the market value of the property at that time.
(3)But if at that time another person holds an interest in the property its value, in relation to the person mentioned in subsection (1), is the market value of his interest at that time, ignoring any charging order under a provision listed in subsection (4).
(4)The provisions are—
(a)section 9 of the Drug Trafficking Offences Act 1986 (c. 32);
(b)section 78 of the Criminal Justice Act 1988 (c. 33);
(c)Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));
(d)section 27 of the Drug Trafficking Act 1994 (c. 37);
(e)Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).
(5)This section has effect subject to sections 80 and 81.
Cases considering section 79 32
[2014] UKSC 36 · 18 June 2014Interprets
The provision subjects the value of property held by a person to the valuation rules in section 79(2). (see paras [30]; [60])
Property obtained through crime is valued at market value. For each joint obtainer, that is the value of the whole property taken rather than an apportioned interest. (see paras [30]; [60]-[64])
The subsection requires separate valuation of lawfully co-existing interests. It does not recognise unlawful claims or supposed interests among accomplices so as to reduce the value of jointly obtained criminal property. (see paras [60]-[65])
[2012] UKSC 51 · 14 November 2012Interprets
Section 79(2) supplies the market-value rule. The court approved the incoming economic valuation of property stolen by a thief or handler, while distinguishing that rule from valuation of a mortgagor’s legitimate concurrent interest. (see paras [67]-[69])
Where another person holds an interest in property, section 79(3) requires valuation of the defendant’s own interest. It applies at both the benefit and available-assets stages and required the mortgagee’s legitimate security interest to be recognised. (see paras [63]-[70]; [76]-[77])
[2009] UKHL 30 · 10 June 2009Interprets
The basic valuation rule applies when deciding the value at any time of property then held by a person. Its application depends on the context of the particular valuation. (see paras [1]; [29]; [38])
“Market value” is capable of including an illicit market. The relevant market is selected by reference to the nature of the property and the purpose and context of the valuation. (see paras [7]-[15]; [32]-[38]; [53])
- R v David Charles Stevens[2025] EWCA Crim 1123 · 15 July 2025
- Lowther & Ors, R. v[2020] EWCA Crim 1387 · 29 October 2020
- The Environment Agency, R (On the Application Of) v Ryder & Anor[2020] EWCA Crim 1110 · 21 August 2020
- Gor v R[2017] EWCA Crim 3 · 20 January 2017
- Kakkad, R v[2015] EWCA Crim 385 · 17 March 2015
- Elsayed vThe Crown[2014] EWCA Crim 333 · 4 March 2014
- Fields & Ors v R.[2013] EWCA Crim 2042 · 14 November 2013
- Modjiri, R. v[2010] EWCA Crim 829 · 22 April 2010
- Chen, R v[2009] EWCA Crim 2669 · 4 December 2009
- Mejia & Anor, R v[2009] EWCA Crim 1940 · 8 October 2009
- Allpress & Ors v R.[2009] EWCA Crim 8 · 20 January 2009
- Roach, R. v[2008] EWCA Crim 2649 · 15 October 2008
- Islam, R v[2008] EWCA Crim 1740 · 31 July 2008
- Richards, R v[2008] EWCA Crim 1841 · 23 July 2008
- CPS Nottinghamshire v Rose[2008] EWCA Crim 239 · 21 February 2008
- Pattison, R. v[2007] EWCA Crim 1536 · 13 June 2007
- Hussain, R. v[2006] EWCA Crim 621 · 28 February 2006
12 more judgments, and what each says about section 79, are in the
case-law panel in the full Act.
281.Sections 227-229 set out how the court is to work out the value of property held by a person, the value of property, and the value of a tainted gift. These sections, apart from referring to Northern Ireland legislation where appropriate, replicate the provisions proposed at sections 79 to81.