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Section 15: Effect of postponement

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

Part 2: Confiscation: England and Wales

If the court postpones proceedings under section 6 it may proceed to sentence the defendant for the offence (or any of the offences) concerned.

In sentencing the defendant for the offence (or any of the offences) concerned in the postponement period the court must not—

impose a fine on him,
make an order falling within section 13(3), ...
make an order for the payment of compensation under Chapter 2 of Part 7 of the Sentencing Code , ...
make an order for the payment of a surcharge under section 42 of the Sentencing Code, or
make an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

If the court sentences the defendant for the offence (or any of the offences) concerned in the postponement period, after that period ends it may vary the sentence by—

imposing a fine on him,
making an order falling within section 13(3), ...
making an order for the payment of compensation under Chapter 2 of Part 7 of the Sentencing Code , ...
making an order for the payment of a surcharge under section 42 of the Sentencing Code, or
making an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

But the court may proceed under subsection (3) only within the period of 28 days which starts with the last day of the postponement period.

For the purposes of—

section 18(2) of the Criminal Appeal Act 1968 (c. 19) (time limit for notice of appeal or of application for leave to appeal), and
paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (c. 33) (time limit for notice of application for leave to refer a case under section 36 of that Act),

the sentence must be regarded as imposed or made on the day on which it is varied under subsection (3).

If the court proceeds to sentence the defendant under subsection (1), section 6 has effect as if the defendant's particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding his sentence for the offence or offences concerned.

The postponement period is the period for which proceedings under section 6 are postponed.

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.