# Crime and Policing Act 2026, Paragraph 21: Extension to Crown Court of powers under Schedule 5 to Courts Act 2003 to make attachment of earnings orders and applications for benefit deductions

Extent: E+W+S+N.I.
Status: prospective

(1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.
(2) In paragraph 1 (application of Schedule)—
(a) in sub-paragraph (1) omit “(“P”)”;
(b) after sub-paragraph (1) insert—
“(1A) Parts 1, 3, 3A and 10 also apply if a person aged 18 or over is liable to pay a sum required to be paid under a confiscation order and the Crown Court is for the time being the enforcing court in relation to the order (within the meaning given by section 35D of the Proceeds of Crime Act 2002).”
(3) In paragraph 2 (interpretation)—
(a) in sub-paragraph (1), for the words from “the sum adjudged to be paid” to the end, substitute
“—
(a) in a case where this Schedule applies as mentioned in sub-paragraph (1) of paragraph 1, the sum adjudged to be paid as mentioned in that sub-paragraph;
(b) in a case where this Schedule applies as mentioned in sub-paragraph (1A) of paragraph 1, the sum required to be paid as mentioned in that sub-paragraph;
(c) in a case where this Schedule applies as mentioned in paragraph (2) of paragraph 1, the sum payable under a notice of conviction and penalty.”
(b) after sub-paragraph (1) insert—
“(1A) In this Schedule “P” means—
(a) in a case where this Schedule applies as mentioned in sub-paragraph (1) of paragraph 1, the person mentioned in that sub-paragraph;
(b) in a case where this Schedule applies as mentioned in sub-paragraph (1A) of paragraph 1, the person mentioned in that sub-paragraph.”
(4) In paragraph 3(1) (meaning of “existing defaulter”), after sub-paragraph (d) (but before the “or” at the end of that sub-paragraph) insert—
“(da) he is in default in payment of a sum (or, where this Schedule applies as mentioned in sub-paragraph 1(1A), another sum) falling within paragraph 1(1A),”.
(5) In paragraph 7 (application of provisions about attachment of earnings orders and applications for benefit deductions)—
(a) in sub-paragraph (2), for paragraph (b) substitute—
“(b) the enforcing court.”;
(b) after sub-paragraph (2) insert—
“(2A) In sub-paragraph (2)(b), the “enforcing court” means—
(a) in a case where the sum due is required to be paid under a confiscation order, the court that is the enforcing court in relation to the order (within the meaning given by section 35D of the Proceeds of Crime Act 2002);
(b) in any other case, the magistrates’ court responsible for enforcing payment of the sum due.”
(6) In paragraph 9C(3B) (meaning of “P” in Part 3A), in the definition of “P”, for “paragraph 1” substitute “paragraph 2”.
(7) In paragraph 11(2) (meaning of “the relevant court” in Part 4), for the words from “has the same meaning” to the end, substitute
“means—
(a) the court which is imposing the liability to pay the sum due, or
(b) the magistrates’ court responsible for enforcing payment of the sum due.”

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Source: https://www.legislation.gov.uk/ukpga/2026/20/schedule/21/paragraph/21 (the official version)
Page: https://openlegislation.uk/crime-and-policing-act-2026/schedule-21/paragraph-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.