Appeals in confiscation proceedings under the Proceeds of Crime Act 2002
Produced in partnership with John Binns of BCL Solicitors LLP and Mohamed Naleemudeen of BCL Solicitors LLP
Practice notesAppeals in confiscation proceedings under the Proceeds of Crime Act 2002
Produced in partnership with John Binns of BCL Solicitors LLP and Mohamed Naleemudeen of BCL Solicitors LLP
Practice notesA 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
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.