Appeals in confiscation proceedings under the Proceeds of Crime Act 2002
Produced in partnership with BCL Burton Copeland
Appeals in confiscation proceedings under the Proceeds of Crime Act 2002

The following Corporate Crime practice note Produced in partnership with BCL Burton Copeland provides comprehensive and up to date legal information covering:

  • Appeals in confiscation proceedings under the Proceeds of Crime Act 2002
  • Appeals against confiscation orders to the Court of Appeal
  • Appeals against confiscation orders to the Supreme Court
  • Appeals against confiscation orders under ss 31 and 33 of POCA 2002
  • Appeal against a determination under POCA 2002, s 10A
  • Appeals against compliance orders
  • Appeals against property detention orders
  • Appeals against sale of property orders

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:

  1. 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)

  2. compliance orders (see Practice Note: Compliance orders made in conjunction with confiscation orders), and

  3. 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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