Confiscation pre Proceeds of Crime Act 2002
Confiscation pre Proceeds of Crime Act 2002

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

  • Confiscation pre Proceeds of Crime Act 2002
  • The law relating to confiscation prior to the Proceeds of Crime Act 2002 (POCA 2002)
  • Confiscation proceedings in the absence of the offender
  • Confiscation proceedings
  • Determining the defendant's benefit from relevant criminal conduct
  • Making assumptions against a defendant
  • Recoverable amount
  • Quantifying the size of the confiscation order

The law relating to confiscation prior to the Proceeds of Crime Act 2002 (POCA 2002)

A confiscation order is made after conviction to deprive the defendant of the benefit that he has obtained from crime. It will order the defendant to pay the amount of his benefit from criminal activity. If the order is not paid voluntarily then either the magistrates' court enforces the order as if it were a fine or the prosecutor may apply to the High Court to appoint a receiver. It is not directed towards a particular asset nor does it immediately deprive the defendant or anyone else of title of any property. For enforcement purposes it is to be treated as a fine ordering the defendant to pay a sum of money.

While the majority of confiscation proceedings will be governed by POCA 2002, this Practice Note deals with pre-POCA provisions only, ie offences of which the defendant has been committed wholly or partly before 24 March 2003, subject to the Supreme Court’s decision in R v McCool (see Practice Note: Confiscation under the Proceeds of Crime Act 2002—POCA 2002 commencement provisions).

Prior to POCA 2002 the law relating to confiscation was contained in two separate legislative regimes: the Criminal Justice Act 1988 (CJA 1988), in Part VI and the Drug Trafficking Act 1994 (DTA 1994),