Commentary on Sections Application of sums Section 55: Sums received by justices’ chief executive
107.Section 55 sets out how an enforcing justices’ chief executive must dispose of any monies received in satisfaction of a confiscation order, whether from a receiver appointed under section 50 or otherwise (for example, voluntary payments by a defendant or the proceeds of the chief executive’s own enforcement activities). The provision is similar to the earlier confiscation legislation, with certain exceptions.
108.Firstly, an earlier obligation of the justices’ chief executive to reimburse the prosecutor out of confiscated monies for sums the prosecutor has paid to a receiver in advance has been abolished as unnecessary, as prosecutors do not make advance payments to receivers. Secondly, under the earlier legislation, victims who receive confiscated monies in satisfaction of a compensation order made in their favour in the same proceedings have to pay a share of the costs of enforcement. This obligation has also been abolished. Thirdly, where the confiscation order takes precedence over parallel bankruptcy proceedings and monies are left over in the receiver’s hands after the confiscation order has been satisfied, they go into the bankrupt’s estate, rather than being entrusted to the confiscation court to dispose of – see Schedule 11, paragraph 16, and the new section 306B(1)(d) and (2) which it adds to the Insolvency Act 1986.