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amend
the Proceeds of Crime Act 2002 to make provision for the recovery
of |
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certain prosecution costs
in proceedings for offences giving rise to a |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Amendment
of the Proceeds of Crime Act 2002 |
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(1) |
The Proceeds
of Crime Act 2002 (c. 29) is amended as follows. |
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(2) |
In section 13 (effect of
confiscation order on court’s other powers), after |
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“(7) |
Subject to subsection (8),
the court may order the payment out of any |
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5 |
sums
recovered under the confiscation order of such amount as the |
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court
considers reasonably sufficient to compensate the prosecutor for
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any
expenses properly incurred by him in the proceedings in respect
of |
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the
offence or offences concerned. |
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(8) |
No order under subsection
(7) may be made in favour of— |
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(a) |
a public authority; or |
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(i) |
on behalf of a public
authority, or |
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(ii) |
in his capacity as an
official appointed by such an |
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15 |
(9) |
An order under subsection
(7) may be made in favour of a local |
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authority
or other authority constituted for the purposes of local |
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(10) |
In this section ‘public
authority’ means— |
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(a) |
a police force within the
meaning of section 3(3) of the |
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Prosecution
of Offences Act 1985; |
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(b) |
the Crown Prosecution Service
or any other government |
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(c) |
any
other authority or body whose members are appointed by |
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Her
Majesty or by any Minister of the Crown or government |
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(3) |
In section 55 (sums received
by designated officer), after subsection (5), |
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5 |
“(5A) |
If an order was made under
section 13(7) for an amount of |
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compensation
to be paid to a prosecutor out of sums recovered under |
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the
compensation order, the designated officer must next apply the
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sums
in payment of that amount.” |
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(4) |
In section 57 (sums received
by Director), after subsection (5), insert— |
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“(5A) |
If an order was made under
section 13(7) for an amount of |
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compensation
to be paid to a prosecutor out of sums recovered under |
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the
compensation order, the Director must next apply the sums in |
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2 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Proceeds of Crime (Compensation of Prosecution |
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(2) |
Section 1
shall come into force on a day determined by the Secretary of
State by |
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order made by statutory instrument. |
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(3) |
This Act applies to England
and Wales only. |
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20 |
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