Compliance orders made in conjunction with confiscation orders
Compliance orders made in conjunction with confiscation orders

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Compliance orders made in conjunction with confiscation orders
  • Power to make a compliance order
  • Compliance orders—procedure
  • The test for imposing a compliance order
  • The terms of a travel restriction in a compliance order
  • Appeal against a compliance order

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 confiscation order the court must consider imposing a 'compliance order' upon the defendant. It must also do so at any later time (while the confiscation order is still in effect) on the application of the prosecutor.

A compliance order is an order that the court believes is appropriate for the purpose of ensuring that the confiscation order is effective. In considering whether to make a compliance order the court must, in particular, consider whether any restriction or prohibition on the defendant’s travel outside the UK ought to be imposed. Beyond this, there is no clear indication in the legislation of what is meant by making a confiscation order effective and whether there is any limit on the nature or type of order which may be made.

Any person affected by the compliance order (whether that is the defendant, the prosecution or a third party) can apply for the variation or discharge of the compliance provision.

Compliance orders made in one UK jurisdiction (namely England and Wales, Scotland or Northern Ireland) since 30 November 2015 are enforceable in the courts of the other UK jurisdictions.

Compliance orders—procedure

The procedure for the making of applications for compliance orders, or for the

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