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