Paragraph 17 Enforcement plansI1

The Proceeds of Crime Act 2002 is amended as follows.

After section 163 insert—

“Measures to promote effectiveness of confiscation orders

Enforcement plans

163ZA

(1)

This section applies where a court makes a confiscation order.

(2)

On making the confiscation order, the court must also prepare an enforcement plan for the order if—

(a)

there are reasonable grounds to believe that the defendant might default on the confiscation order for any reason, or

(b)

the court otherwise believes it is appropriate to do so for the purpose of ensuring that the confiscation order is effective.

(3)

An enforcement plan for a confiscation order is a document setting out drafts of one or more orders that the court considers the Crown Court could make in the event that the defendant defaults on the confiscation order.

(4)

For the purposes of this section and section 163ZB—

(a)

the defendant defaults on a confiscation order if the defendant fails to pay the amount required to be paid under the order on or before the due date;

(b)

the “due date”, in relation to a confiscation order, means—

(i)

in a case where no period is specified under section 161(2), the day on which the confiscation order is made, or

(ii)

in a case where one or more periods is so specified, the final day of the specified period that ends last (including any such period as extended under section 161(4)).

(5)

Where the court making the confiscation order is the Court of Appeal (see section 215E(4)(b)(i) (appeals)), on making the order the Court of Appeal may direct that the Crown Court is to carry out the duties under this section as if the Crown Court had made the order.

Enforcement plan: initial enforcement hearing

163ZB

(1)

This section applies where an enforcement plan is prepared for a confiscation order.

(2)

The Crown Court must set a date for a hearing to take place in the event that the defendant defaults on the confiscation order, and that date must be the first date then available to the court after the due date (see section 185A for provision about this hearing).

(3)

If an order is made under section 161(4) as a result of which the due date in relation to the confiscation order changes, the court must reset the date for the hearing to the first date then available to the court after the new due date.”

In section 163A (compliance orders), in subsection (1) at the end insert “(whether or not the court also prepares an enforcement plan under section 163ZA)”.

After section 185 insert—

“Confiscation order with enforcement plan: initial enforcement hearing

185A

(1)

This section applies where—

(a)

a court has prepared an enforcement plan for a confiscation order (see section 163ZA), and

(b)

the defendant defaults on the confiscation order (within the meaning given by section 163ZA(4)).

(2)

If the condition in subsection (4) is met the court must, at the initial enforcement hearing, make an order or orders in the terms that were set out in draft in the enforcement plan (the “initial enforcement orders”).

(3)

If that condition is not met the court must, at that hearing, consider what other steps to take for the purpose of enforcing the confiscation order.

(4)

The condition is that the court believes that—

(a)

the proceeds of the realisation of property pursuant to the initial enforcement orders would be less than or equal to the amount remaining to be paid under the confiscation order, and

(b)

the interests of justice do not require any initial enforcement order not to be made.

(5)

In this section “the initial enforcement hearing” means the hearing held pursuant to section 163ZB.”