(1)Property is all property wherever situated and includes—
(a)money;
(b)all forms of real or personal property;
(c)things in action and other intangible or incorporeal property.
(2)The following rules apply in relation to property—
(a)property is held by a person if he holds an interest in it;
(b)property is obtained by a person if he obtains an interest in it;
(c)property is transferred by one person to another if the first one transfers or grants an interest in it to the second;
(d)references to property held by a person include references to property vested in his trustee in bankruptcy or liquidator or in the trustee or interim trustee in the sequestration, under the Bankruptcy (Scotland) Act 2016), of his estate;
(e)references to an interest held by a person beneficially in property include references to an interest which would be held by him beneficially if the property were not so vested;
(f)references to an interest, in relation to land in England and Wales or Northern Ireland, are to any legal estate or equitable interest or power;
(g)references to an interest, in relation to land in Scotland, are to any estate, interest, servitude or other heritable right in or over land, including a heritable security;
(h)references to an interest, in relation to property other than land, include references to a right (including a right to possession).
Cases considering section 84 42
[2014] UKSC 36 · 18 June 2014Interprets
The provision defines property broadly to include real and personal property, money, and intangible or incorporeal property. (see para [32])
The provision treats property as held where a person holds an interest in it. Its technical terminology does not require recognition of unlawful claims among accomplices. (see paras [32]; [60]-[64])
The provision treats property as obtained where a person obtains an interest in it. In criminal cases, obtaining concerns assumption of an owner’s rights rather than acquisition of lawful title or an apportioned beneficial interest. (see paras [32]; [60]-[62])
[2012] UKSC 51 · 14 November 2012Defines
A person holds property if he holds an interest in it. This supported the conclusion that a limited interest in the flat could be representing property. (see paras [61]; [64])
A person obtains property if he obtains an interest in it. The provision does not treat a limited interest as the whole underlying asset; the limited interest is itself property for confiscation purposes. (see paras [63]-[64])
[2009] UKHL 30 · 10 June 2009Defines
Property is defined broadly and includes money, real and personal property, things in action and intangible or incorporeal property. Heroin fell within that definition. (see paras [30]; [57])
The provision defines when property is held or obtained by reference to an interest, including certain rights to possession. Seizure and forfeiture can therefore affect whether drugs remain held at the confiscation stage. (see paras [30]; [33])
- R v Andrew Lakeman[2026] EWCA Crim 4 · 13 January 2026
- R v David Charles Stevens[2025] EWCA Crim 1123 · 15 July 2025
- Ronan Hughes & Anor v R[2024] EWCA Crim 357 · 12 April 2024
- R v Rebecca Thompson[2023] EWCA Crim 1244 · 6 October 2023
- Benos, R. v[2019] EWCA Crim 1093 · 14 June 2019
- Fulton v R.[2019] EWCA Crim 163 · 15 February 2019
- Morgan, R v[2013] EWCA Crim 1307 · 23 July 2013
- Hursthouse, R. v[2013] EWCA Crim 517 · 15 March 2013
- Gangar & Anor v R.[2012] EWCA Crim 1378 · 21 June 2012
- Clark & Anor, R. v[2011] EWCA Crim 15 · 25 January 2011
- Walker, R v[2011] EWCA Crim 103 · 24 January 2011
- Modjiri, R. v[2010] EWCA Crim 829 · 22 April 2010
- Waya, R v (Rev 1)[2010] EWCA Crim 412 · 25 March 2010
- Stanford International Bank Ltd, Re[2010] EWCA Civ 137 · 25 February 2010
- Wilkinson, R v[2009] EWCA Crim 2733 · 11 December 2009
- Frost, R. v[2009] EWCA Crim 1737 · 9 July 2009
- Allpress & Ors v R.[2009] EWCA Crim 8 · 20 January 2009
22 more judgments, and what each says about section 84, are in the
case-law panel in the full Act.