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.
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.