Default term in confiscation
Default term in confiscation

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

  • Default term in confiscation
  • Time to pay a confiscation order
  • How is a default term calculated?
  • Appeal against the default term in confiscation
  • How is a default term enforced?
  • How is interest calculated?
  • How are part-payments towards the order dealt with?
  • Serving the default sentence

Time to pay a confiscation order

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:

  1. the defendant must pay the full amount ordered on the date the order is made, or

  2. 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)

  3. 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