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Forfeiture of property following conviction

May 19, 2021, 07:32 AM
Title : Forfeiture of property following conviction

Forfeiture of property following conviction

Aug 23, 2021, 10:36 AM
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https://www.lexisnexis.com/uk/lexispsl/corporatecrime/document/391423/592G-P1D1-F188-33KS-00000-00
Forfeiture of property following conviction
Forfeiture of property following conviction#The power of the court to order the forfeiture of property under the Sentencing Act 2020#Other statutory powers of forfeiture #Forfeiture of cash under the Proceeds of Crime Act 2002
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This Practice Note explains some of the circumstances when the criminal courts may order the forfeiture of property connected with the commission of a criminal offence. The power to make a order for forfeiture, or deprivation order, originates from a range of statutory provisions. Practice Note: Restitution and deprivation orders explains the powers contained in sections 152 to 159 of the Sentencing Act 2020 (SA 2020). This Practice Note highlights the orders for forfeiture which can be made under other legislative provisions, including forfeiture under the Environmental Protection Act 1990, the Health and Safety at Work etc Act 1974, Forgery and Counterfeiting Act 1981, Modern Slavery Act 2015, Immigration Act 1971, Knives Act 1997, Firearms Act 1968, Misuse of Drugs Act 1971, and the Prevention of Crime Act 1953.

Forfeiture of property following conviction

The power of the court to order the forfeiture of property under the Sentencing Act 2020

The Sentencing Act 2020 (SA 2020), also known as the Sentencing Code, 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.

The procedure to be followed by the courts when making such orders is detailed in Practice Note: Restitution and deprivation orders.

Other statutory powers of forfeiture

Various statutes grant the courts the power to order the forfeiture of items following conviction for certain offences, should the court consider it appropriate to do so. Practitioners should always check the individual statutory provision creating the offence on which they are advising in order 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 which are relevant to corporate crime practitioners are highlighted below. A full list can be found in SA 2020, s 160.

For information on the procedure the courts must follow when making such orders, see Practice Note: Restitution and deprivation orders.

Power to make an order for forfeitureDetails of the order
section 33C of the Environmental Protection Act 1990 (EPA 1990)Deprivation of rights in vehicles used for offences under EPA 1990, s 33 or under the Environmental Permitting Regulations 2016, SI 2016/1154.

See Practice Note: Unauthorised or harmful deposit, treatment or disposal of waste and Fly-tipping offences
sections 7, 24(3) of the Forgery and Counterfeiting Act 1981Order for forfeiture of objects relating to offences under Part 1 (copying a false instrument, using a false instrument, using a copy of a false instrument, offences relating to money orders, share certificates, passports etc) or offences under Part 2 (reproducing British currency notes and making etc imitation British coins).

See Practice Notes: Forgery and Counterfeiting notes and coins
section 42(3) of the Health and Safety at Work etc Act 1974Order for the forfeiture of any explosive article or substance where convicted of an offences relating to the acquiring, attempt to acquire, possessing or using an explosive article.

See Practice Note: Safety and the risk to safety under the Health and Safety at Work Act 1974
section 11 of the Modern Slavery Act 2015 (MSA 2015)Forfeiture of vehicle, ship or aircraft on conviction of a human trafficking offence under MSA 2015, s 2.

See Practice Note: Human trafficking offences
section 25C of the Immigration Act 1971 (IA 1971)Forfeiture of ship, vehicle or aircraft connected with offence under IA 1971, ss 25 or, 25A (assisting unlawful immigration to Member State or helping an asylum seeker to enter to the UK).

See Practice Note: Immigration offences
sections 33, 35, 37, 38, 40 of the Animal Welfare Act 2006Deprivation and destruction of animals and equipment on conviction
section 6 of the Knives Act 1997 (KA 1997)Forfeiture following conviction of offences under KA 1997, s 1 (unlawful marketing of knives) and KA 1997, s 2 (banned marketing of knives).

See Practice Note: Offences relating to the sale of knives and Unlawful marketing and publication of knives
section 52 of the Firearms Act 1968 (FiA 1968)Forfeiture and disposal of firearms in certain cases following conviction of certain offences. Not every offence under the FiA 1968 will entitle a court to make a forfeiture order. Reference should be made to the FiA 1968, Sch 6 Pt I–Sch 6 Pt II to establish the extent of the court's powers.
section 1(2) of the Prevention of Crime Act 1953 (PCA 1953)Forfeiture following conviction of an offence under PCA 1953, s 1(2) of carrying offensive weapon without reasonable excuse or lawful authority.

See Practice Note: Possession of an offensive weapon
section 27 of
The following Corporate Crime practice note provides comprehensive and up to date legal information on Forfeiture of property following conviction

Forfeiture of property following conviction

The power of the court to order the forfeiture of property under the Sentencing Act 2020

The Sentencing Act 2020 (SA 2020), also known as the Sentencing Code, 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.

The procedure to be followed by the courts when making such orders is detailed in Practice Note: Restitution and deprivation orders.

Other statutory powers of forfeiture

Various statutes grant the courts the power to order the forfeiture of items following conviction for certain offences, should the court consider it appropriate to do so. Practitioners should always check the individual statutory provision creating the offence on which they are advising in order 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 which are relevant to corporate crime practitioners are highlighted below. A full list can be found in SA 2020, s 160.

For information on the procedure the courts must follow when making such orders, see Practice Note: Restitution and deprivation orders.

Power

Forfeiture of property following conviction

The power of the court to order the forfeiture of property under the Sentencing Act 2020

The Sentencing Act 2020 (SA 2020), also known as the Sentencing Code, 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.

The procedure to be followed by the courts when making such orders is detailed in Practice Note: Restitution and deprivation orders.

Other statutory powers of forfeiture

Various statutes grant the courts the power to order the forfeiture of items following conviction for certain offences, should the court consider it appropriate to do so. Practitioners should always check the individual statutory provision creating the offence on which they are advising in order 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 which are relevant to corporate crime practitioners are highlighted below. A full list can be found in SA 2020, s 160.

For information on the procedure the courts must follow when making such orders, see Practice Note: Restitution and deprivation orders.

Power
to make an order for forfeitureDetails of the ordersection 33C of the Environmental Protection Act 1990 (EPA 1990)Deprivation of rights in vehicles used for offences under EPA 1990, s 33 or under the Environmental Permitting Regulations 2016, SI 2016/1154.

See Practice Note: Unauthorised or harmful deposit, treatment or disposal of waste and Fly-tipping offencessections 7, 24(3) of the Forgery and Counterfeiting Act 1981Order for forfeiture of objects relating to offences under Part 1 (copying a false instrument, using a false instrument, using a copy of a false instrument, offences relating to money orders, share certificates, passports etc) or offences under Part 2 (reproducing British currency notes and making etc imitation British coins).

See Practice Notes: Forgery and Counterfeiting notes and coinssection 42(3) of the Health and Safety at Work etc Act 1974Order for the forfeiture of any explosive article or substance where convicted of an offences relating to the acquiring, attempt to acquire, possessing or using an explosive article.

See Practice Note: Safety and the risk to safety under the Health and Safety at Work Act 1974section 11 of the Modern Slavery Act 2015 (MSA 2015)Forfeiture of vehicle, ship or aircraft on conviction of a human trafficking offence under MSA 2015, s 2.

See Practice Note: Human trafficking offencessection 25C of the Immigration Act 1971 (IA 1971)Forfeiture of ship, vehicle or aircraft connected with offence under IA 1971, ss 25 or, 25A (assisting unlawful immigration to Member State or helping an asylum seeker to enter to the UK).

See Practice Note: Immigration offencessections 33, 35, 37, 38, 40 of the Animal Welfare Act 2006Deprivation and destruction of animals and equipment on convictionsection 6 of the Knives Act 1997 (KA 1997)Forfeiture following conviction of offences under KA 1997, s 1 (unlawful marketing of knives) and KA 1997, s 2 (banned marketing of knives).

See Practice Note: Offences relating to the sale of knives and Unlawful marketing and publication of knivessection 52 of the Firearms Act 1968 (FiA 1968)Forfeiture and disposal of firearms in certain cases following conviction of certain offences. Not every offence under the FiA 1968 will entitle a court to make a forfeiture order. Reference should be made to the FiA 1968, Sch 6 Pt I–Sch 6 Pt II to establish the extent of the court's powers.
section 1(2) of the Prevention of Crime Act 1953 (PCA 1953)Forfeiture following conviction of an offence under PCA 1953, s 1(2) of carrying offensive weapon without reasonable excuse or lawful authority.

See Practice Note: Possession of an offensive weaponsection 27
Document Type :
  • Guidance
  • Practice notes
Categories :
  • Civil and financial penalties and ancillary orders
  • Corporate Crime
  • Environment
  • Environmental enforcement and prosecutions
  • Environmental sanctions and prosecutions
  • Sentence and prison law
Tags :
SA-1119-018- PSL Delayed Auth_925x286_1Corporate_Crime_3
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