OpenLegislation

Paragraph 2 Prosecutor’s discretionI1I2

England and Wales

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 6(4) (making of order: criminal lifestyle and conduct)—

(a)

in paragraph (a), at the beginning insert “if asked to do so by the prosecutor”;

(b)

in paragraph (b), after “if” insert “(pursuant to paragraph (a))”;

(c)

in paragraph (c), at the beginning insert “if it is not asked to decide whether the defendant has a criminal lifestyle or”.

(3)

In section 16 (statement of information)—

(a)

after subsection (2) insert—

“(2A)

The statement of information must indicate whether or not the case is one in which the court is asked to decide whether the defendant has a criminal lifestyle (see section 6(4)).”;

(b)

in subsection (3), for “prosecutor believes”, in the first place it occurs, substitute “case is one in which the court is asked to decide whether”;

(c)

in subsection (5), for “prosecutor does not believe” substitute “case is one in which the court is not asked to decide whether”.

(4)

In section 20(2) (no order made: reconsideration of benefit)—

(a)

omit “has decided that”;

(b)

in paragraph (a), for “the defendant has a criminal lifestyle but” substitute “has decided under section 6(4)(b) that the defendant”;

(c)

in paragraph (b), for “the defendant does not have a criminal lifestyle and” substitute “has decided under section 6(4)(c) that the defendant”.

Annotations

Commencement

I1

Sch. 21 para. 2 not in force at Royal Assent, see s. 255(1)

I2

Sch. 21 para. 2 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)