Section 15A Timing of confiscation proceedings and effect on sentencingF1

(1)

This section applies where the court sentences the defendant for the offence (or any of the offences) concerned before it proceeds under section 6.

(2)

In sentencing the defendant for the offence (or any of the offences) concerned the court must not—

(a)

impose a fine on the defendant,

(b)

make an order falling within section 13(3)(a),

(c)

make an order falling within section 13(3)(b), (c) or (d) other than any such order made in respect of property that has little or no market value at the time of sentencing,

(d)

make an order for the payment of compensation under Chapter 2 of Part 7 of the Sentencing Code,

(e)

make an order for the payment of a surcharge under section 42 of that Code, or

(f)

make an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

(3)

The court must draw up a timetable for the proceedings under section 6 before the end of the hearing at which it sentences the defendant for the offence (or, where there is more than one, the last offence) concerned.

(4)

The court may revise a timetable drawn up under subsection (3).

(5)

Section 6 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned.

(6)

The court may, after the conclusion of the proceedings under section 6, vary the sentence by—

(a)

imposing a fine on the defendant,

(b)

making an order falling within section 13(3),

(c)

making an order for the payment of compensation under Chapter 2 of Part 7 of the Sentencing Code,

(d)

making an order for the payment of a surcharge under section 42 of that Code, or

(e)

making an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

(7)

But the court may proceed under subsection (6) only within the period of 56 days beginning with the day on which the court—

(a)

makes a confiscation order under section 6, or

(b)

decides not to make such an order.

(8)

For the purposes of—

(a)

section 18(2) of the Criminal Appeal Act 1968 (time limit for notice of appeal or of application for leave to appeal), and

(b)

paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of application for leave to refer a case under section 36 of that Act),

the sentence must be regarded as imposed or made on the day on which it is varied under subsection (6).

Annotations

Textual amendments

F1: S. 15A inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 21 para. 14(2); S.I. 2026/689, reg. 2(1)(z12)

Notes on Part 2

Modifications

C1: Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)
C2: Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)
C3: Pt. 2: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
C4: Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 15(5)
C5: Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 10(5)
C6: Pt. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)
C7: Pt. 2 applied (with modifications) (1.6.2015) by The Restraint Orders (Legal Aid Exception and Relevant Legal Aid Payments) Regulations 2015 (S.I. 2015/868), regs. 1, 5 (with reg. 4)
C8: Pt. 2 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 33(5) (with s. 25(9)); S.I. 2020/792, reg. 2(g)
C9: Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 8(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
C10: Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 9(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
C11: Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)