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Proceeds of Crime Act 1995
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Proceeds of Crime Act 1995
1995 CHAPTER 11
An Act to make further provision for and in relation to the recovery of the proceeds of criminal conduct; to make further provision for facilitating the enforcement of overseas forfeiture and restraint orders; and for connected purposes.
[28th June 1995]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Making of confiscation ordersE+W
F11 Duty to make confiscation orders.E+W
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Textual Amendments
F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
F12 Confiscation relating to a course of criminal conduct.E+W
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Textual Amendments
F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
Incidental provisions relating to confiscationE+W
F13 Provision of information by prosecutor.E+W
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Textual Amendments
F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
F14 Provision of information by defendant.E+W
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Textual Amendments
F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
F15 Review of cases where proceeds of crime not assessed.E+W
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Textual Amendments
F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
F16 Revision of assessment of proceeds of crime.E+W
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Textual Amendments
F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
F17 Revision of assessment of amount to be recovered.E+W
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Textual Amendments
F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
F18 Enforcement etc. of confiscation orders.E+W
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Textual Amendments
F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
F19 Payment of interest on sums unpaid.E+W
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Textual Amendments
F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
F110 Variation of confiscation order on receiver’s application.E+W
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Textual Amendments
F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
F111 Order to make material available.E+W
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Textual Amendments
F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
F112 Authority for search.E+W
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Textual Amendments
F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
F113 Disclosure of information held by government departments.E+W
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Textual Amendments
F1Ss. 1-13 repealed (24.2.2003 for the repeal of ss. 11-13, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
Enforcement of overseas forfeiture and restraint ordersU.K.
14 Enforcement in UK of overseas forfeiture and restraint ordersU.K.
(1)In each of the following paragraphs of Schedule 4 to the M1Prevention of Terrorism (Temporary Provisions) Act 1989 (enforcement of overseas orders providing for the forfeiture or restraint of terrorist funds), namely—
(a)paragraph 10 (which relates to enforcement in England and Wales),
(b)paragraph 20 (which relates to enforcement in Scotland), and
(c)paragraph 30 (which relates to enforcement in Northern Ireland),
there shall be inserted, after sub-paragraph (2), the sub-paragraph set out in subsection (2) below.
(2)That sub-paragraph is—
“(2A)Without prejudice to the generality of sub-paragraph (1) above, the provision that may be made by virtue of that sub-paragraph includes provision which, for the purpose of facilitating the enforcement of any external order that may be made, has effect at times before there is an external order to be enforced.”
(3)Section 9 of the M2Criminal Justice (International Co-operation) Act 1990 (enforcement of overseas forfeiture orders) shall have effect, and be deemed always to have had effect, with the insertion, after subsection (1), of the following subsection—
“(1A)Without prejudice to the generality of subsection (1) above the provision that may be made by virtue of that subsection includes provision which, for the purpose of facilitating the enforcement of any order that may be made, has effect at times before there is an order to be enforced.”
SupplementalU.K.
15 Consequential and transitional amendments and repeals.E+W
F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The enactments mentioned in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
Textual Amendments
F2S. 15(1) repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
F3S. 15(2)(3) repealed (24.2.2003 for specified purposes, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 27, Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4 (as amended (20.2.2003) by S.I. 2003/333, art. 14)); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
16 Short title, interpretation, commencement and extent.U.K.
(1)This Act may be cited as the Proceeds of Crime Act 1995.
F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Subject to subsections (4) to (6) below, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed under this subsection for different purposes.
(4)Section 14 above and this section come into force on the passing of this Act.
F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)This Act, except for section 14 above and this section, does not extend to Scotland or Northern Ireland.
Subordinate Legislation Made
P1S. 16(3) power fully exercised (7.10.1995): 1.11.1995 appointed day by S.I. 1995/2650, art. 2
Textual Amendments
F4S. 16(2) repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
F5S. 16(5)(6) repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
SCHEDULES
Section 15.
F6SCHEDULE 1E+W Consequential Amendments of the 1988 Act
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Textual Amendments
F6Sch. 1 repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
Section 15.
SCHEDULE 2E+W Repeals
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1988 c. 33. | The Criminal Justice Act 1988. | In section 71— |
| (a) subsection (7); | ||
| (b) in subsection (7A), paragraph (b) and, in paragraph (c), the words “by virtue of section 72 below”; and | ||
| (c) subsection (8). | ||
| In section 72, subsections (1) to (4). | ||
| In section 72A(1), paragraph (b) and, in paragraph (c), the words “by virtue of section 72 above”. | ||
| In section 73, subsection (4). |
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