The following Corporate Crime practice note Produced in partnership with BCL Burton Copeland provides comprehensive and up to date legal information covering:
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 below: Appeals against confiscation orders to the Court of Appeal). For further information on appeals against confiscation orders, see Practice Note: Confiscation orders—to vary or appeal—Appeals against confiscation orders. The prosecutor also has a limited right of appeal in respect of the making of an order and against a decision not to make an order, see below: Appeals against confiscation orders under ss 31 and 33 of POCA 2002.
Appeals against confiscation orders are not the only possible route of appeal in confiscation proceedings. There is also a right to appeal in respect of:
determinations under section 10A of the Proceeds of Crime Act 2002 (POCA 2002) (see Practice Note: Determining the recoverable amount (benefit and available amount) under POCA 2002—Determining the defendant's and third party interests in property)
compliance orders (see Practice Note: Compliance orders made in conjunction with confiscation orders), and
detention and sale or realisation of property orders (see Practice Note: Enforcement of confiscation orders—Power to sell seized personal property to satisfy a confiscation order (realisation of property orders))
The regime and procedure for appealing: confiscation orders; POCA 2002, s 10A determinations; compliance orders; property detention orders; and sale of property orders are set out in
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