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Assured and assured shorthold tenancies—terminating
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been
The Powers of Criminal Courts (Sentencing) Act 2000 is the principal source of the court's power to order the forfeiture of property connected with the commission of a criminal offence. The order is known as a 'deprivation order' and can be made by the Crown Court or a magistrates' court, in respect of any offence.
See Restitution and deprivation orders.
The court's other powers of forfeiture are contained in statutes that create particular criminal offences. Reference should be made to an individual statute to identify whether, provision is made for the forfeiture of property in respect of the offences that it creates.
Examples of some of the most common statutes containing forfeiture provisions are considered below.
A Crown Court or a magistrates' court can make a forfeiture order under the Misuse of Drugs Act 1971 (MDA 1971) if:
a person
has been convicted of an offence under the MDA 1971 or a 'drug trafficking offence' and
property
is shown to relate to the offence
By virtue of the Interpretation Act 1978 (IA 1978) the term 'person' includes a body of persons incorporate eg a company or an unincorporated association eg a club.
A 'drug trafficking offence' is expressly stated to include an offence specified in the Proceeds of Crime Act 2002, schedule 2, paragraph 1 or so far as it relates to those provisions.
For the principal offences created under the MDA 1971 see Possession with intent to supply
The MDA 1971 gives the court power to make a forfeiture order in respect of 'anything' which relates to the offence.
Only a defendant's personal property can be forfeited. 'Real property' or immovable property cannot be taken eg a defendant's home.
The provisions do not apply to intangibles, or to property outside the jurisdiction of the English courts.
The courts have also held that an order should not be made where the property is subject to joint ownership. See R v Troth (1980) 71 Cr App R 1.
An order cannot be made unless the property relates to the offence for which the offender has been convicted. In R v Boothe it was held that in the case of a defendant convicted of possession of cocaine found hidden in his car, a forfeiture order could not be made in respect of cash also found in his possession. See R v Booth (1987) 9 Cr App R (S) 8.
Where there is a dispute about whether or not property relates to an offence, the courts have held that a defendant must be permitted to call evidence. See R v Churcher (1986) 8 Cr App R (S) 94.
The MDA 1971 expressly provides that a court cannot make a forfeiture order where a person claiming to be the owner or otherwise interested in the property, applies to the court to show why the order should not be made, unless the court has given him an opportunity to be heard.
The Powers of Criminal Courts (Sentencing) Act 2000 is the principal source of the court's power to order the forfeiture of property connected with the commission of a criminal offence. The order is known as a 'deprivation order' and can be made by the Crown Court or a magistrates' court, in respect of any offence.
See Restitution and deprivation orders.
The court's other powers of forfeiture are contained in statutes that create particular criminal offences. Reference should be made to an individual statute to identify whether, provision is made for the forfeiture of property in respect of the offences that it creates.
Examples of some of the most common statutes containing forfeiture provisions are considered below.
A Crown Court or a magistrates' court can make a forfeiture order under the Misuse of Drugs Act 1971 (MDA 1971) if:
a person
has been convicted of an offence under the MDA 1971 or a 'drug trafficking offence' and
property
is shown to relate to the offence
By virtue of the Interpretation Act 1978 (IA 1978) the term 'person' includes a body of persons incorporate eg a company or an unincorporated association eg a club.
A 'drug
The Powers of Criminal Courts (Sentencing) Act 2000 is the principal source of the court's power to order the forfeiture of property connected with the commission of a criminal offence. The order is known as a 'deprivation order' and can be made by the Crown Court or a magistrates' court, in respect of any offence.
See Restitution and deprivation orders.
The court's other powers of forfeiture are contained in statutes that create particular criminal offences. Reference should be made to an individual statute to identify whether, provision is made for the forfeiture of property in respect of the offences that it creates.
Examples of some of the most common statutes containing forfeiture provisions are considered below.
A Crown Court or a magistrates' court can make a forfeiture order under the Misuse of Drugs Act 1971 (MDA 1971) if:
a person
has been convicted of an offence under the MDA 1971 or a 'drug trafficking offence' and
property
is shown to relate to the offence
By virtue of the Interpretation Act 1978 (IA 1978) the term 'person' includes a body of persons incorporate eg a company or an unincorporated association eg a club.
A 'drug
trafficking offence' is expressly stated to include an offence specified in the Proceeds of Crime Act 2002, schedule 2, paragraph 1 or so far as it relates to those provisions.
The MDA 1971 gives the court power to make a forfeiture order in respect of 'anything' which relates to the offence.
Only a defendant's personal property can be forfeited. 'Real property' or immovable property cannot be taken eg a defendant's home.
The provisions do not apply to intangibles, or to property outside the jurisdiction of the English courts.
The courts have also held that an order should not be made where the property is subject to joint ownership. See R v Troth (1980) 71 Cr App R 1.
An order cannot be made unless the property relates to the offence for which the offender has been convicted. In R v Boothe it was held that in the case of a defendant convicted of possession of cocaine found hidden in his car, a forfeiture order could not be made in respect of cash also found in his possession. See R v Booth (1987) 9 Cr App R (S) 8.
Where there is a dispute about whether or not property relates to an offence, the courts have held that a defendant must be permitted to call evidence. See R v Churcher (1986) 8 Cr App R (S) 94.
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