Default term in confiscation
Default term in confiscation

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

  • Default term in confiscation
  • How is a default term calculated?
  • Serving the default sentence
  • How are part-payments towards the order dealt with?
  • How does interest on the outstanding amount affect the default sentence?
  • Issuing a warrant of commitment to serve the default term
  • Article 6 considerations and passage of time
  • Appeal against the default term in confiscation

The Proceeds of Crime Act 2002 (POCA 2002) creates no specific sanction for non-payment of a confiscation order, instead POCA 2002, s 35 treats an unpaid confiscation order as if it were an unpaid fine imposed by the Crown Court, which is enforceable in the magistrates’ court.

Generally speaking, the enforcement of fines is dealt with under fine enforcement provisions in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000) and Part III of the Magistrates’ Courts Act 1980 (MCA 1980).

POCA 2002, s 35 enables the Crown Court to fix a term of imprisonment to be served in default of payment of a confiscation order, within a permitted maximum. The statutory scheme thereby ensures that the offender has nothing to gain by failing to comply with the confiscation order. They will be subject to the threat of the implementation of the period of imprisonment, which they will be required to serve if they do not satisfy the confiscation order within the period set for payment. This is to encourage the defendant to pay the confiscation order within the time set for payment. See Practice Note: Enforcement of confiscation orders—Time to pay a confiscation order.

POCA 2002, s 35 refers to the enforcement of confiscation orders by reference to the provisions of PCC(S)A 2000, ss 139 and 140, which further provides that these orders are

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