{
  "url": "https://openlegislation.uk/crime-and-policing-act-2026/schedule-21/paragraph-55",
  "json_url": "https://openlegislation.uk/crime-and-policing-act-2026/schedule-21/paragraph-55.json",
  "legislation": "ukpga/2026/20",
  "legislation_title": "Crime and Policing Act 2026",
  "legislation_url": "https://openlegislation.uk/crime-and-policing-act-2026",
  "path": "schedule/21/paragraph/55",
  "kind": "paragraph",
  "number": "55",
  "heading": "Provisional discharge of confiscation orders made under saved legislation",
  "text": "(1) This paragraph applies if—\n(a) an amount remains to be paid under a confiscation order made under—\n(i) section 1 of the Drug Trafficking Offences Act 1986,\n(ii) section 71 of the Criminal Justice Act 1988, or\n(iii) section 2 of the Drug Trafficking Act 1994, and\n(b) the relevant two-year period has ended.\n(2) The Crown Court may, of its own motion or on an application made by a person listed in sub-paragraph (3), discharge the confiscation order on a provisional basis if the court considers that it is in the interests of justice to do so.\n(3) The persons are—\n(a) the prosecutor;\n(b) the designated officer for a magistrates’ court;\n(c) a receiver appointed under—\n(i) section 11 of the Drug Trafficking Offences Act 1986, in the case of a confiscation order made under section 1 of that Act;\n(ii) section 80 of the Criminal Justice Act 1988, in the case of a confiscation order made under section 71 of that Act;\n(iii) section 29 of the Drug Trafficking Act 1994, in the case of a confiscation order made under section 2 of that Act.\n(4) In deciding whether it is in the interests of justice to discharge a confiscation order on a provisional basis the court must, in particular, take into account—\n(a) any amount that the defendant has already paid under the confiscation order;\n(b) the extent to which the amount that remains to be paid under the order represents interest payable in respect of the order;\n(c) any steps that have already been taken in relation to the enforcement of the order;\n(d) the extent to which there are reasonable steps (or further reasonable steps) that could be taken in relation to the enforcement of the order;\n(e) the amount that the court considers would be recovered if all such reasonable steps (or further reasonable steps) were to be taken.\n(5) Where an application under this paragraph is refused, a further application in relation to the confiscation order concerned may only be made—\n(a) after the end of the period of two years beginning with the date of the refusal, or\n(b) before the end of that period, with the leave of the court.\n(6) There is no right of appeal against a decision of the court under this paragraph to discharge, or not to discharge, a confiscation order on a provisional basis.\n(7) In sub-paragraph (1), the “relevant two-year period” means the period of two years beginning with—\n(a) the day on which the confiscation order was made, or\n(b) in a case where the order has been varied under the Drug Trafficking Offences Act 1986, Part 6 of the Criminal Justice Act 1988 or, as the case may be, Part 1 of the Drug Trafficking Act 1994, the day on which the order was varied.",
  "extent": "E+W",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 21 para. 55 not in force at Royal Assent, see s. 255(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2026/20/schedule/21/paragraph/55",
    "retrieved_at": "2026-11-07T03:35:03.708512+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}