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Proceeds of Crime (Compensation of Prosecution Costs) Bill


Proceeds of Crime (Compensation of Prosecution Costs) Bill

1

 

A

Bill

To

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

confiscation order. 

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

subsection (6), insert—

“(7)   

Subject to subsection (8), the court may order the payment out of any

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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—

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(a)   

a public authority; or

(b)   

a person acting—

(i)   

on behalf of a public authority, or

(ii)   

in his capacity as an official appointed by such an

authority.

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(9)   

An order under subsection (7) may be made in favour of a local

authority or other authority constituted for the purposes of local

government.

(10)   

In this section ‘public authority’ means—

(a)   

a police force within the meaning of section 3(3) of the

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Prosecution of Offences Act 1985;

(b)   

the Crown Prosecution Service or any other government

department; and

 
Bill 88 53/4
 
 

Proceeds of Crime (Compensation of Prosecution Costs) Bill

2

 

(c)   

any other authority or body whose members are appointed by

Her Majesty or by any Minister of the Crown or government

department.”

(3)   

In section 55 (sums received by designated officer), after subsection (5),

insert—

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“(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—

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“(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

payment of that amount.”

2       

Short title, commencement and extent

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(1)   

This Act may be cited as the Proceeds of Crime (Compensation of Prosecution

Costs) Act 2005.

(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.

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