Proceeds of Crime & Confiscation 

Confiscation proceedings arise after conviction and are governed by the Proceeds of Crime Act 2002. The court assesses whether you have benefited from criminal conduct and, if so, determines how much you must pay based on your available assets. 

A restraint order is a court order that freezes your assets during an investigation or before confiscation proceedings conclude. It prevents you from disposing of property that could later be used to satisfy a confiscation order. 

The prosecution calculates the alleged financial benefit obtained from criminal conduct. In certain cases, particularly where a “criminal lifestyle” is alleged, statutory assumptions can significantly increase the figure unless they are successfully challenged. 

Yes. If you fail to pay the ordered amount within the time allowed, the court can impose a default sentence of imprisonment. Serving the default sentence does not remove the debt. 

Yes, if the position is not properly challenged. The court assesses your available assets at the time of the order, and without careful analysis, legitimate property may be included in enforcement calculations. 

Yes. Benefit figures, available asset calculations and statutory assumptions can all be challenged. Skilled legal representation can reduce the amount payable or contest the basis of the claim where the evidence supports it. 

We provide strategic representation at every stage, from challenging restraint orders and negotiating living expense allowances to scrutinising financial evidence and representing you at confiscation hearings. 

Seek immediate specialist legal advice. Do not dispose of assets, breach restraint conditions or engage with investigators without your solicitor present. Early intervention is critical to protecting your assets and your future.