Confiscation in Regulatory Cases
Produced in partnership with Kennedy Talbot QC of 33 Chancery Lane Chambers
Confiscation in Regulatory Cases

The following Corporate Crime practice note produced in partnership with Kennedy Talbot QC of 33 Chancery Lane Chambers provides comprehensive and up to date legal information covering:

  • Confiscation in Regulatory Cases
  • Outline of the legal provisions
  • General v particular criminal conduct
  • Making a confiscation order
  • Use of confiscation and restraint following regulatory offences
  • Identifying the benefit / business income
  • Unlawful or lawful business activity
  • Lawful activity cases
  • Unlawful activity cases
  • Costs avoided cases
  • More...

In the Crown Court, on application of the prosecutor (or on its own motion if the court thinks it appropriate), the court must consider making a confiscation order against a convicted defendant. This is an order requiring the payment of a sum of money equal to the benefit from crime, subject to assets available to pay it.

For information about confiscation orders under the Proceeds of Crime Act 2002 (POCA 2002), see Practice Note: Confiscation under the Proceeds of Crime Act 2002.

Further, on conviction in the magistrates’ court for any offence including summary only offences, if the prosecutor requires it, the court must commit the case to the Crown Court to consider making a confiscation order.

The two public prosecuting authorities in England and Wales are the Crown Prosecution Service (CPS) (into which the Revenue and Customs Prosecuting Office has been subsumed) and the Serious Fraud Office (SFO). The CPS may bring a prosecution for any type of offence. Further, the Prosecution of Offences Act 1985 (POA 1985) expressly preserves the right for any person to bring a private prosecution. It is under this power that other prosecutors, such as local authorities, government departments and other agencies bring prosecutions. See Practice Note: Private prosecutions—an introductory guide.

Regulatory authorities established by statute usually have power to prosecute. For example, the Health and Safety Executive is a designated prosecutor

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