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Section 10A: Determination of extent of defendant's interest in property

Proceeds of Crime Act 2002 · 2002 c. 29View on legislation.gov.uk

Part 2: Confiscation: England and Wales

Where it appears to a court making a confiscation order that—

there is property held by the defendant that is likely to be realised or otherwise used to satisfy the order, and
a person other than the defendant holds, or may hold, an interest in the property,

the court may, if it thinks it appropriate to do so, determine the extent (at the time the confiscation order is made) of the defendant's interest in the property.

The court must not exercise the power conferred by subsection (1) unless it gives to anyone who the court thinks is or may be a person holding an interest in the property a reasonable opportunity to make representations to it.

A determination under this section is conclusive in relation to any question as to the extent of the defendant's interest in the property that arises in connection with—

the realisation or destruction of the property, or the transfer of an interest in the property, with a view to satisfying the confiscation order, or
any action or proceedings taken for the purposes of any such realisation or transfer.

Subsection (3)—

is subject to section 51(8B), and
does not apply in relation to a question that arises in proceedings before the Court of Appeal or the Supreme Court.

In this Part, the "extent" of the defendant's interest in property means the proportion that the value of the defendant's interest in it bears to the value of the property itself.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.