The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
Section 35 of the Proceeds of Crime Act (POCA 2002) enables the Crown Court to set a default sentence or term in default against a defendant in the course of confiscation proceedings. This will be the period of imprisonment which the defendant will be required to serve if they do not satisfy the confiscation order within the period set for payment. It is made to encourage the defendant to pay the confiscation order within the time set for payment.
There are statutory provisions determining the maximum time which can be set for payment under POCA 2002. Currently these provide:
the defendant must pay the full amount ordered on the date the order is made, or
where the court is satisfied that the defendant is unable to pay the full amount on that day, it may extend the time for payment of specific amounts for a specified period to a maximum of three months (the specified period)
and if, within the specified period, the defendant applies for more time, the court may grant an extended period for payment of a confiscation order for a maximum of six months from the date the order is made so long as the court is satisfied that the defendant is unable to pay the amount to which the specified
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234