Skip to content
Arrested, under investigation or called for interview? Our lines are open 24/7. What to do now Call 07501 792925
LP Evans Solicitors & Advocates 020 7183 5765
HomeAbout
About the FirmWhere We ActHow We WorkMission & ValuesFunding Your CaseTestimonials
Services
Criminal DefenceFraudConfiscationDrug OffencesSexual OffencesTerrorism
TeamNewsCareersContact 24/7, 07501 792925

Home  /  Confiscation orders explained

Guide

Confiscation orders explained

What the Proceeds of Crime Act 2002 allows the court to take after a conviction, and what happens if you cannot pay.

What a confiscation order is

After a conviction, the prosecution can ask the Crown Court to make a confiscation order under the Proceeds of Crime Act 2002 (POCA). The order requires you to pay an amount representing the benefit the court finds you obtained from crime, up to the amount of your available assets.

Criminal lifestyle

For certain offences, and in certain circumstances, the court can assume that your property and spending over the previous six years came from crime unless you show otherwise. That is called the criminal lifestyle assumption. It can bring your home, savings, vehicles and other assets into the calculation.

If you cannot pay

You are given a time to pay. If you do not pay, the court can impose a default prison sentence, and you still owe the money after serving it. Interest can also build up on the unpaid amount.

Restraint orders

Assets can be frozen by a restraint order before a conviction, sometimes at the start of an investigation. If your accounts have been frozen, take advice quickly.

Why early advice helps

Confiscation is a separate set of proceedings with its own deadlines and its own evidence. It is often possible to limit the benefit figure and the available amount if the work starts early. We are regularly asked to take over confiscation cases after a conviction.

Arrested, or asked to attend an interview? Call 07501 792925, 24/7. Advice at the police station is free, whatever your means. What to do now

This guide is general information about the law in England and Wales. It is not legal advice on your own case, and the law can change. Speak to a solicitor about your own circumstances.

Speak to a defence solicitor

The first hours of a case shape everything that follows.

Call us before you are interviewed. Advice at the police station is free, whatever your means, and our out-of-hours line is answered by a solicitor, day or night.

Email us Call 24/7