Proceeds of crime & confiscation

Confiscation proceedings allow the court to recover the financial benefit obtained from criminal conduct. Under the Proceeds of Crime Act 2002, the court can order a defendant to repay the value of any criminal benefit identified following a conviction.

A confiscation order can require repayment of significant sums, calculated based on the alleged benefit from criminal activity. Failure to pay can result in enforcement action, asset seizure and potentially a default prison sentence.

Our experienced team provides comprehensive legal support. From advising during financial investigations to challenging benefit calculations and representing you at confiscation hearings, we work to protect your assets and secure the best possible outcome.

If a restraint order or asset freeze is imposed, it’s vital to seek legal advice immediately. Do not attempt to move or dispose of assets, and only deal with investigators through your solicitor.

In some cases, the court may apply “criminal lifestyle” assumptions under the Proceeds of Crime Act 2002. This allows investigators to treat certain assets or expenditure as criminal benefit unless proven otherwise.

Yes. Confiscation proceedings are often conducted after conviction and can take place alongside or after sentencing to determine the financial benefit obtained from criminal conduct.

Yes. Assets such as property, bank accounts or investments held jointly with others may still be considered during confiscation proceedings, although third-party interests can sometimes be protected.

Absolutely. Confiscation orders can have long-term financial consequences, including asset loss, ongoing enforcement action and potential imprisonment for non-payment. Early legal advice is essential to minimise these risks.