Section 97: Confiscation orders by magistrates’ courts
217.Section 97 gives the Secretary of State power by order to make provision to allow magistrates’ courts to make confiscation orders under Part 2 or 4 of the Proceeds of Crime Act 2002 (POCA). Subsection (3) allows for the order to make amendments to the confiscation provisions in POCA and related legislation to ensure that the magistrates’ courts have the powers to make confiscation orders. Subsection (2) provides that the power for magistrates’ courts to make a confiscation order is subject to a restriction that the amount does not exceed £10,000. Orders above this amount could only be made in a Crown Court.
