Paragraph 25 Conditions for making of restraint order: risk of dissipationI1I2

The Proceeds of Crime Act 2002 is amended as follows.

In section 40 (conditions for exercise of power to make restraint order), for subsection (1) substitute—

“(1)

Section 41 (power to make a restraint order) applies if—

(a)

any of the first to fifth conditions is satisfied (see subsections (2) to (6)), and

(b)

there is a real risk that relevant realisable property held by any person will be dissipated unless the Crown Court exercises the powers conferred by section 41 in relation to that property.

(1A)

For the purposes of this section—

(a)

“relevant realisable property” is realisable property that could be used for the purpose of satisfying any confiscation order that has been or may be made against the defendant;

(b)

a reference to relevant realisable property being “dissipated” is to it ceasing to be available for that purpose.

(1B)

In determining for the purposes of subsection (1)(b) whether there is a real risk of relevant realisable property being dissipated, the court must, in particular, have regard to the following—

(a)

the nature of the relevant realisable property;

(b)

the extent to which any person has taken steps with a view to relevant realisable property being dissipated;

(c)

any circumstances of a person who holds the relevant realisable property that may affect the ease with which they would be able to secure the dissipation of the property;

(d)

any evidence of such a person’s character;

(e)

the nature of the defendant’s criminal conduct;

(f)

the amount by which the defendant is suspected or believed to have benefited from their criminal conduct;

(g)

the stage of the proceedings for an offence against the defendant.”

In section 41(1) (power to make restraint order), for “If any condition set out in section 40 is satisfied” substitute “In a case where this section applies (see section 40),”.