Confiscation

Confiscation guidance:

Account monitoring orders An account monitoring order allows an investigator to monitor the activity of a particular account held at a financial institution for up to 90...

Practice Note

A confiscation order constitutes a sentence for the purposes of appeal. Accordingly, the defendant may appeal against the making or the amount of the order itself (see...

Practice Note

The government has published a series Codes of Practice which provide guidance to investigators on the use of investigatory powers under the Proceeds of Crime Act 2002...

Practice Note

Power to make a compliance order Since 1 June 2015, a court imposing a confiscation order has additional means by which it can seek to enforce that order. Upon making a...

Practice Note

Matrimonial home and the calculation of the available amount Although any restriction of the European Convention on Human Rights must be necessary and proportionate,...

Practice Note

In the Crown Court, on application of the prosecutor (or on its own motion if the court thinks it appropriate), the court must consider making a confiscation order...

Practice Note

Who can apply to vary a confiscation order under the Proceeds of Crime Act 2002? A defendant, prosecutor, or an appointed receiver can apply to the Crown Court to reduce...

Practice Note

The law relating to confiscation prior to the Proceeds of Crime Act 2002 (POCA 2002) A confiscation order is made after conviction to deprive the defendant of the benefit...

Practice Note

Upon receipt of an application from the prosecution for a confiscation order, or on the court's own decision to make such an order, following the conviction of a...

Practice Note

The steps to determining any confiscation order are set out at section 6 of the Proceeds of Crime Act 2002 (POCA 2002). Once the conditions at POCA 2002, s 6(1) and (2)...

Practice Note

This Practice Note considers the purposes of and procedure applicable to confiscation under the Proceeds of Crime Act 2002 (POCA 2002), which replaced the previous...

Practice Note

Customer information orders A customer information order requires a financial institution to, on being required to do so by notice in writing given by an appropriate...

Practice Note

Time to pay a confiscation order Section 35 of the Proceeds of Crime Act (POCA 2002) enables the Crown Court to set a default sentence or term in default against a...

Practice Note

If the court decides the defendant has benefited from general or particular criminal conduct, it must then determine the 'recoverable amount'. The starting point is that...

Practice Note

What is a disclosure order? A disclosure order is a request for financial information with which the recipient is obliged to comply. Section 357 of the Proceeds of Crime...

Practice Note

Status of a confiscation order A confiscation order is an order to pay a sum of money and is only satisfied once that sum is paid. The confiscation order will be...

Practice Note

Click here to download the latest Asset recovery 2019 report, published by Getting the Deal Through. Jurisdictions covered The following jurisdictions are covered in this...

Practice Note

Click here to download the latest Asset Recovery 2020 report, published by Getting the Deal Through. Jurisdictions covered The following jurisdictions are covered in this...

Practice Note

Process for making confiscation orders in joint enterprise cases In R v Ahmad; R v Fields (discussed in News Analysis: Confiscation orders and joint benefit), the Supreme...

Practice Note

The corporate veil A properly formed registered company is a separate legal entity from its shareholders and has separate rights and liabilities as a separate legal...

Practice Note

Sections 444 and 445 of the Proceeds of Crime Act 2002 (POCA 2002), provide the power to implement secondary legislation for the purposes of giving effect to requests...

Practice Note

POCA 2002 powers to create secondary legislation Sections 444 and 445 of the Proceeds of Crime Act 2002 (POCA 2002), provide the power to implement secondary legislation...

Practice Note

Investigatory orders available under POCA 2002, Pt 8 The orders available under the Part 8 of the Proceeds of Crime Act 2002 (POCA 2002) (investigative orders) are: •...

Practice Note

Postponement and sentence The court should usually make the confiscation order before the defendant is sentenced but may postpone the confiscation proceedings for a...

Practice Note

Production orders The purpose of a production order is to obtain material relating to a known person or business, such as bank statements and correspondence. The order...

Practice Note

Proportionality and the Supreme Court’s decision in R v Waya The decision in R v Waya demonstrates that the law requires that a confiscation order bear a proportionate...

Practice Note

A defendant, prosecutor, or an appointed receiver can apply to the Crown Court to reduce the amount of a confiscation order, if the available amount with which to pay the...

Practice Note

Obtaining a warrant under POCA 2002, s 352 A search and seizure warrant authorises an appropriate person to enter and search the premises specified and to seize and...

Practice Note

Tainted gifts A tainted gift is a category of asset that is added to the value of the property calculated to be held by the defendant for the purposes of identifying the...

Practice Note