Proceeds of Crime & Confiscation

Confiscation proceedings allow the court to recover the financial benefit obtained from criminal conduct. Under the Proceeds of Crime Act 2002, the court can order a defendant to repay the value of any criminal benefit identified following a conviction.

A confiscation order can require repayment of significant sums, calculated based on the alleged benefit from criminal activity. Failure to pay can result in enforcement action, asset seizure and potentially a default prison sentence.

Our experienced team provides comprehensive legal support. From advising during financial investigations to challenging benefit calculations and representing you at confiscation hearings, we work to protect your assets and secure the best possible outcome.

If a restraint order or asset freeze is imposed, it’s vital to seek legal advice immediately. Do not attempt to move or dispose of assets, and only deal with investigators through your solicitor.

In some cases, the court may apply “criminal lifestyle” assumptions under the Proceeds of Crime Act 2002. This allows investigators to treat certain assets or expenditure as criminal benefit unless proven otherwise.

Yes. Confiscation proceedings are often conducted after conviction and can take place alongside or after sentencing to determine the financial benefit obtained from criminal conduct.

Yes. Jointly held assets may be considered, although third-party interests can sometimes be raised and protected. 

Yes. They can affect assets, credit, income, enforcement risk and future financial stability.