Proceeds of Crime Act 2002, section 85

Proceedings

Part 2 Confiscation: England and Wales

(1)Proceedings for an offence are started—

(a)when a justice of the peace issues a summons or warrant under section 1 of the Magistrates’ Courts Act 1980 (c. 43) in respect of the offence;

[F369 (aa)when a [F370 relevant prosecutorF370] issues a written charge and requisition [F371 or single justice procedure noticeF371] in respect of the offence;F369]

(b)when a person is charged with the offence after being taken into custody without a warrant;

(c)when a bill of indictment is preferred under section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36) in a case falling within subsection (2)(b) of that section (preferment by Court of Appeal or High Court judge) [F372or subsection (2)(ba) of that section (preferment by Crown Court judge following approval of deferred prosecution agreement)F372] .

(2)If more than one time is found under subsection (1) in relation to proceedings they are started at the earliest of them.

(3)If the defendant is acquitted on all counts in proceedings for an offence, the proceedings are concluded when he is acquitted.

(4)If the defendant is convicted in proceedings for an offence and the conviction is quashed or the defendant is pardoned before a confiscation order is made, the proceedings are concluded when the conviction is quashed or the defendant is pardoned.

(5)If a confiscation order is made against the defendant in proceedings for an offence (whether the order is made by the Crown Court or the Court of Appeal) the proceedings are concluded—

(a)when the order is satisfied or discharged, or

(b)when the order is quashed and there is no further possibility of an appeal against the decision to quash the order.

(6)If the defendant is convicted in proceedings for an offence but the Crown Court decides not to make a confiscation order against him, the following rules apply—

(a)if an application for leave to appeal under section 31(2) is refused, the proceedings are concluded when the decision to refuse is made;

(b)if the time for applying for leave to appeal under section 31(2) expires without an application being made, the proceedings are concluded when the time expires;

(c)if on appeal under section 31(2) the Court of Appeal confirms the Crown Court’s decision, and an application for leave to appeal under section 33 is refused, the proceedings are concluded when the decision to refuse is made;

(d)if on appeal under section 31(2) the Court of Appeal confirms the Crown Court’s decision, and the time for applying for leave to appeal under section 33 expires without an application being made, the proceedings are concluded when the time expires;

(e)if on appeal under section 31(2) the Court of Appeal confirms the Crown Court’s decision, and on appeal under section 33 the [F373Supreme CourtF373] confirms the Court of Appeal’s decision, the proceedings are concluded when the [F373Supreme CourtF373] confirms the decision;

(f)if on appeal under section 31(2) the Court of Appeal directs the Crown Court to reconsider the case, and on reconsideration the Crown Court decides not to make a confiscation order against the defendant, the proceedings are concluded when the Crown Court makes that decision;

(g)if on appeal under section 33 the [F373Supreme CourtF373] directs the Crown Court to reconsider the case, and on reconsideration the Crown Court decides not to make a confiscation order against the defendant, the proceedings are concluded when the Crown Court makes that decision.

[F374 (7)Any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored for the purposes of subsection (6).F374]

(8)In applying subsection (6) the fact that a court may decide on a later occasion to make a confiscation order against the defendant must be ignored.

[F375 (9) In this section [F376 “relevant prosecutor” F376] , “requisition” [F377 , “single justice procedure notice” F377] and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003 . F375]

Definitions used in section 85 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 85 5

London Borough of Barnet v Kamyab

[2021] EWCA Crim 543 · 15 April 2021Interprets

The court interpreted section 85(5) as preventing a simple quashing of the order followed by continuation of the Crown Court proceedings. Once quashed without further appeal, the proceedings are concluded. (see paras [52]-[53])

Okedare, R v

[2014] EWCA Crim 1173 · 15 May 2014Defines

The court applied the statutory definition of concluded proceedings. It found that the proceedings remained unconcluded at the time of the confiscation order, enabling section 28 to operate. (see paras [16]-[20]) The acquittal provision did not apply because the defendant had been convicted. It therefore did not conclude the proceedings. (see para [18]) The provision concerning a conviction quashed or a pardon before confiscation did not apply. It therefore did not conclude the proceedings. (see para [18]) No confiscation order had previously been made, satisfied, discharged or quashed. Section 85(5) therefore did not conclude the proceedings. (see para [18]) The Crown Court had not decided not to make a confiscation order. Section 85(6) therefore did not conclude the proceedings. (see para [18])

R v Peter Adrian Dilenardo & Anor

[2025] EWCA Crim 1672 · 18 December 2025

Provides an additional statutory basis invoked for seeking leave to appeal the receivership order. (see para [1])

What each judgment says about section 85 is in the case-law panel in the full Act.

Explanatory note

147.Sections 85-87 define when proceedings are started, when proceedings and applications are concluded, and when confiscation orders are satisfied and are subject to appeal. The definitions are particularly important in that they determine the earliest and latest points at which a restraint order may be made. The provisions in section 85 have been extensively reworked when compared with those in existing legislation to take account of the new right of appeal (in sections 31-33) for the prosecutor and the Director. The purpose of the new provision is to ensure that proceedings are not concluded where the prosecutor or Director appeals against the Crown Court’s decision, and thus to ensure that a restraint order may be made where such an appeal is lodged, and that any restraint order already made in the case does not have to be discharged.

All the explanatory notes for the Act

Amendments and notes

10 notes from legislation.gov.uk

Amendments

  1. F369S. 85(1)(aa) inserted (1.10.2007) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 15(2); S.I. 2007/2874, art. 2(1)(4)
  2. F370Words in s. 85(1)(aa) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 11 para. 18(2)(a); S.I. 2015/778, art. 3, Sch. 1 para. 77
  3. F371Words in s. 85(1)(aa) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 11 para. 18(2)(b); S.I. 2015/778, art. 3, Sch. 1 para. 77
  4. F372Words in s. 85(1)(c) inserted (24.2.2014) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 17 para. 38 (with Sch. 17 para. 39); S.I. 2014/258, art. 2(b)
  5. F373Words in s. 85(6) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 77(4); S.I. 2009/1604, art. 2(d)
  6. F374S. 85(7) substituted (1.6.2015) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 68; S.I. 2015/983, arts. 2(2)(e), 3(n)
  7. F375S. 85(9) inserted (1.10.2007) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 15(3); S.I. 2007/2874, art. 2(1)(4)
  8. F376Words in s. 85(9) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 11 para. 18(3)(a); S.I. 2015/778, art. 3, Sch. 1 para. 77
  9. F377Words in s. 85(9) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 11 para. 18(3)(b); S.I. 2015/778, art. 3, Sch. 1 para. 77

Commencement

  1. I75S. 85 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.