Confiscation step 1: Does the defendant have a criminal lifestyle?
Confiscation step 1: Does the defendant have a criminal lifestyle?

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

  • Confiscation step 1: Does the defendant have a criminal lifestyle?
  • Criminal lifestyle
  • Lifestyle offences
  • Course of criminal activity
  • Offence committed over a period of six months with benefit
  • Confiscation—the next step

Upon receipt of an application from the prosecution for a confiscation order, or on the court's own decision to make such an order, following the conviction of a defendant, the court must consider a number of key questions before a confiscation order can be made. The first question which the court must consider, is whether the defendant has a criminal lifestyle. For more information about confiscation orders and the procedure for obtaining an order see Practice Note: Confiscation under the Proceeds of Crime Act 2002 and checklist: Confiscation procedure—flowchart.

Criminal lifestyle

The court must be satisfied on the balance of probabilities that the defendant has a criminal lifestyle.

What constitutes a criminal lifestyle is determined by section 75 of the Proceeds of Crime Act 2002 (POCA 2002). A person only has a criminal lifestyle if the offence of which he is convicted satisfies one or more of these tests:

  1. it is a lifestyle offence specified in POCA 2002, Sch 2

  2. it constitutes conduct forming part of a course of criminal activity

  3. it is an offence committed over a period of at least six months and the defendant has benefited from the conduct that constitutes the offence

See checklist: Criminal lifestyle—flowchart.

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