Confiscation follows a conviction and can reach your home, savings and other assets. It is a separate case with its own rules and deadlines.
Confiscation is a separate case that follows a conviction, with its own evidence, deadlines and consequences. An order can reach your home, savings and business assets, and an unpaid order can lead to a default prison sentence.
We act for defendants in confiscation proceedings from the first prosecution statement through to enforcement, and we are often instructed after a conviction secured by another firm. We challenge the benefit figure, the assumptions and the amount available.
What we handle
- Confiscation orders under the Proceeds of Crime Act 2002
- Restraint orders freezing assets
- Challenging the benefit figure
- Challenging the criminal lifestyle assumptions
- Assessing the available amount
- Enforcement and default sentences
- Taking over confiscation after a conviction elsewhere
If you are under investigation or have been arrested
What to do first
- Tell your solicitor about every asset, including those held jointly or by others.
- Do not transfer, sell or hide assets. It can make matters much worse.
- Keep records of income, savings, property and the source of funds.
- Note every court deadline, and call us as soon as you receive the prosecutor’s statement.
Call 07501 792925, 24 hours a day.
How a case runs, and where we come in
- 1Conviction
Confiscation starts after conviction, often with a timetable for statements.
- 2The prosecutor’s case
We review how the benefit and the assumptions are put.
- 3Your response
We prepare evidence on your assets, income and the source of your wealth.
- 4The hearing
The Crown Court decides the benefit and the amount available to pay.
- 5Order and enforcement
A time to pay is set. We advise on payment and on any later variation.
Why LP Evans
A specialist area
Confiscation and financial crime are a core part of the firm’s work, with Michael Levy handling confiscation and complex financial investigations.
Taking over mid-case
We are often asked to take over confiscation proceedings after a conviction elsewhere.
Practical about payment
We advise on realistic terms for payment and on later applications to vary an order.
Selected results
- R v M and Others (2016)Conspiracy to defraud prosecuted by the London Borough of Redbridge; false claims to housing and in-work benefits totalling over £1,600,000, followed by POCA confiscation proceedings.
Taken from matters the firm has published. Every case turns on its own facts and past results are not a guarantee of any particular outcome.
Questions people ask
Can they take my house?
Property can be included if you own it and it is realisable. Other owners may have interests the court must consider.
What if I cannot pay?
A default prison sentence can be imposed, and you still owe the money after serving it.
Can the figure be challenged?
Yes. The benefit and the available amount are both open to argument with evidence.
Can I instruct you after my trial?
Yes. We are often asked to take over confiscation proceedings once a conviction has been secured.