1. Financial Crime & AML/CFT
  2. Legislation (UK)
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  4. 2002
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  1. Proceeds of Crime Act 2002 (c. 29) (POCA)
  2. Part 2 Confiscation: England and Wales (draft s. 5A and ss. 6-91)
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Part 2 Confiscation: England and Wales (draft s. 5A and ss. 6-91)

Comparing proposed amendment...
Draft Exercise of powers: general (draft s. 5A)
Draft
 Draft 5A. The principal objective
Confiscation orders (ss. 6-13B)
In force
 6. Making of order
Partly in force
 7. Recoverable amount
In force
 8. Defendant's benefit
In force
 9. Available amount
Draft
 Draft 9A. Hidden property
In force
 10. Assumptions to be made in case of criminal lifestyle
In force
 10A. Determination of extent of defendant's interest in property
In force
 11. Time for payment
In force
 12. Interest on unpaid sums
In force
 13. Effect of order on court's other powers
In force
 13A. Orders for securing compliance with confiscation order
In force
 13B. Appeals against orders under section 13A
Draft Measures to promote effectiveness of confiscation orders (ss. draft 13ZA-13ZB)
Draft
 Draft 13ZA. Enforcement plans
Draft
 Draft 13ZB. Enforcement plan: initial enforcement hearing
Procedural matters (ss. 14-18A)
In force
 14. Postponement
In force
 15. Effect of postponement
Draft
 Draft 15A. Timing of confiscation proceedings and effect on sentencing
Draft
 Draft 15B. Early resolution meeting
Draft
 Draft 15C. Early resolution hearing
In force
 16. Statement of information
In force
 17. Defendant's response to statement of information
In force
 18. Provision of information by defendant
In force
 18A. Provision of information as to defendant's interest in property
Reconsideration (ss. 19-26)
In force
 19. No order made: reconsideration of case
In force
 20. No order made: reconsideration of benefit
In force
 21. Order made: reconsideration of benefit
In force
 22. Order made: reconsideration of available amount
Draft
 Draft 22A. Order made: decrease in value of property
In force
 23. Inadequacy of available amount: variation of order
In force
 24. Inadequacy of available amount: discharge of order
In force
 25. Small amount outstanding: discharge of order
Draft
 Draft 24C. Financial status orders
In force
 25A. Recovery from estate of deceased defendant impractical: discharge of order
In force
 26. Information
Defendant absconds (ss. 27-30)
In force
 27. Defendant convicted or committed
In force
 28. Defendant neither convicted nor acquitted
In force
 29. Variation of order
In force
 30. Discharge of order
Appeals (ss. 31-33)
In force
 31. Appeal by prosecutor etc
In force
 32. Court's powers on appeal
In force
 33. Appeal to Supreme Court
Enforcement authority (s. 34)
Repealed
 34. Enforcement authority
Enforcement as fines etc (ss. 35-39)
In force
 35. Enforcement as fines
Draft
 Draft 35B. Venue for initial and subsequent enforcement hearings
Draft
 Draft 35C. Enforcement by magistrates' court
Draft
 Draft 35D. Enforcement by Crown Court
Draft
 Draft 35E. Confiscation order with enforcement plan: initial enforcement hearing
Draft
 Draft 35F. Power to compel defendant to attend court for enforcement purposes
Draft
 Draft 35G. Financial status orders
Draft
 Draft 35H. Confiscation assistance advisers
Repealed
 36. Director appointed as enforcement authority
Repealed
 37. Director's application for enforcement
In force
 38. Provisions about imprisonment or detention
In force
 39. Reconsideration etc: variation of prison term
Restraint orders (ss. 40-47)
In force
 40. Conditions for exercise of powers
In force
 41. Restraint orders
Draft
 Draft 41ZA. Exception for legal expenses in respect of offence with which confiscation proceedings concerned
In force
 41A. Restraint orders: power to retain seized property etc.
In force
 42. Application, discharge and variation
Draft
 Draft 42A. Restraint orders: effect of conviction
In force
 43. Appeal to Court of Appeal
In force
 44. Appeal to Supreme Court
In force
 44A. Detention of property pending appeal
Repealed
 45. Seizure
In force
 46. Hearsay evidence
Draft
 Draft 46A. Costs orders
In force
 47. Supplementary
Search and seizure powers (ss. 47A-47R)
In force
 47A. Sections 47B to 47S: meaning of "appropriate officer"
In force
 47B. Conditions for exercise of powers
In force
 47C. Power to seize property
In force
 47D. Search power: premises
In force
 47E. Search power: people
In force
 47F. Search power: vehicles
In force
 47G. "Appropriate approval"
In force
 47H. Exercise of powers without judicial approval
In force
 47I. Report by appointed person on exercise of powers
In force
 47J. Initial detention of seized property
In force
 47K. Further detention pending making of restraint order
In force
 47L. Further detention pending variation of restraint order
In force
 47M. Further detention in other cases
In force
 47N. Discharge, variation and lapse of detention order
In force
 47O. Appeals
In force
 47P. Detention of property pending section 47O appeal
In force
 47Q. Hearsay evidence in detention order proceedings
In force
 47R. Release of property
Code of practice about search and seizure and detention of property (s. 47S)
In force
 47S. Codes of practice
Management receivers (ss. 48-49)
In force
 48. Appointment
In force
 49. Powers
Enforcement receivers (ss. 50-51)
In force
 50. Appointment
In force
 51. Powers
Director's receivers (ss. 52-53)
Repealed
 52. Appointment
Repealed
 53. Powers
Application of sums (ss. 54-57)
In force
 54. Enforcement receivers
In force
 55. Sums received by designated officer
Repealed
 56. Director's receivers
Repealed
 57. Sums received by Director
Restrictions (ss. 58-60)
In force
 58. Restraint orders
In force
 59. Enforcement receivers
Repealed
 60. Director's receivers
Receivers: further provisions (ss. 61-66)
In force
 61. Protection
In force
 62. Further applications
In force
 63. Discharge and variation
In force
 64. Management receivers: discharge
In force
 65. Appeal to Court of Appeal
In force
 66. Appeal to Supreme Court
Enforcement: money, cryptoassets and personal property (ss. 67-67D)
In force
 67. Money
In force
 67ZA. Cryptoassets
In force
 67ZB. Meaning of "UK-connected cryptoasset service provider"
In force
 67A. Seized personal property
In force
 67AA. Destruction of seized cryptoassets
In force
 67B. Costs of storage and realisation
In force
 67C. Sections 67ZA to 67B: appeals
In force
 67D. Proceeds of realisation
Draft Appeals (draft ss. 67E-67L)
Draft
 Draft 67E. Appeals in relation to confiscation orders
Draft
 Draft 67F. Appeals under section 67E: supplementary
Draft
 Draft 67G. Appeals in relation to section 10A determinations
Draft
 Draft 67H. Appeals in relation to compliance orders
Draft
 Draft 67I. Appeals in relation to variations of confiscation order
Draft
 Draft 67J. Appeals in relation to restraint orders
Draft
 Draft 67K. Appeals in relation to management and enforcement receivers
Draft
 Draft 67L. Appeals in relation to realisation etc of seized property
Financial investigators (s. 68)
In force
 68. Applications and appeals
Exercise of powers (s. 69)
In force
 69. Powers of court and receiver etc.
Committal (ss. 70-71)
In force
 70. Committal by magistrates' court
In force
 71. Sentencing by Crown Court
Compensation (ss. 72-73)
In force
 72. Serious default
In force
 73. Order varied or discharged
Enforcement abroad (s. 74)
In force
 74. Enforcement abroad
Interpretation (ss. 75-88)
In force
 75. Criminal lifestyle
In force
 76. Conduct and benefit
In force
 77. Tainted gifts
In force
 78. Gifts and their recipients
In force
 79. Value: the basic rule
In force
 80. Value of property obtained from conduct
Draft
 Draft 80A. Mortgages
In force
 81. Value of tainted gifts
Partly in force
 82. Free property
In force
 83. Realisable property
In force
 84. Property: general provisions
In force
 84A. Cryptoassets etc
In force
 85. Proceedings
In force
 86. Applications
In force
 87. Confiscation orders
In force
 87A. No further possibility of appeal
In force
 88. Other interpretative provisions
General (ss. 89-91)
In force
 89. Procedure on appeal to the Court of Appeal
In force
 90. Procedure on appeal to the Supreme Court
In force
 91. Crown Court Rules
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