Proceeds of Crime & Confiscation

Confiscation proceedings arise under the Proceeds of Crime Act 2002 (POCA) following a criminal conviction. The court determines whether a defendant has benefited from criminal conduct and, if so, the amount that must be repaid under a confiscation order.

In certain cases, the court may determine that a defendant has a “criminal lifestyle” under POCA. This allows statutory assumptions to be applied to income, assets and expenditure over a six-year period, potentially increasing the alleged benefit figure unless successfully rebutted.

The prosecution assesses the value of the financial advantage said to have been obtained from criminal conduct. This figure does not always reflect actual profit and can include gross receipts, depending on the circumstances.

The available amount represents the value of assets currently accessible to the defendant. The confiscation order will usually be the lower of the benefit figure or the available amount, though both figures can be strongly contested.

Yes. A restraint order can be obtained to freeze bank accounts, property and other assets during an investigation or prior to the conclusion of confiscation proceedings.

If payment is not made within the time allowed, the court may impose a default sentence of imprisonment. Interest also accrues on unpaid sums, increasing the total amount owed.

Yes. Assets held jointly, transferred to family members, or considered “tainted gifts” may be scrutinised and potentially included within confiscation proceedings, depending on the facts.

Our experienced team provides comprehensive representation in restraint and confiscation matters. From challenging benefit and available amount calculations to representing you at confiscation hearings and enforcement proceedings, we act strategically to protect your assets and secure the strongest possible outcome.