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 notes

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 notes
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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

John Binns
John Binns

I have specialised in financial crime since 2006, having first qualified into a criminal legal aid firm and served a short sentence as a policy adviser to the criminal legal aid scheme. I have successfully defended in a number of major fraud trials, but nowadays specialise in helping corporate clients with the knottier issues involved in the Proceeds of Crime Act and related laws, as well as advising corporates and individuals in connection with criminal investigations and financial sanctions. I write and present a lot on these and related issues, and was an expert witness in the House of Lords on the impact of Brexit on criminal investigations. 

Mohamed Naleemudeen
Mohamed Naleemudeen

Foreign-qualified lawyer (Australia), BCL Solicitors LLP


Mohamed is an Australian-qualified solicitor, who joined BCL from a leading white-collar crime firm in Australia. Mohamed has experience representing high-net-worth individuals and corporates regarding sanctions, extradition, cross-border investigations, tax disputes, fraud, cybercrime, INTERPOL and regulatory matters. He has also acted for clients in transnational and international crime matters, including advising States and individuals on national security, foreign bribery and crimes against humanity matters. While in Sydney, Mohamed was also a casual academic at the University of New South Wales, teaching an LLM subject about the common law to foreign-qualified lawyers and academics.

Mohamed previously interned at the International Prosecutor’s office at the Extraordinary Chambers in the Courts of Cambodia in 2020, the international tribunal responsible for prosecuting senior leaders of the Khmer Rouge for their roles in Cambodian Genocide. 

Mohamed obtained a Master of Public and International Law (Honours) from the University of Melbourne in 2022. He completed his Bachelor of Laws (Honours)/Bachelor of International Relations from La Trobe University in 2020. Mohamed has published two journal articles and contributed to several legal publications regarding sanctions, data protection, extradition and white-collar crime.

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Jurisdiction(s):
United Kingdom
Key definition:
Appeal definition
What does Appeal mean?

The process by which an employee appeals the decision of an employer (for example following a termination or disciplinary hearing) or Court or Tribunal.

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