Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Confiscation order definition

What does Confiscation order mean? An order made in criminal proceedings requiring a convicted defendant to pay the state a sum representing the proceeds (benefit) of their criminal conduct, up to the value of assets available to them. It does not usually seize specific items; instead it creates a recoverable monetary judgment. In England and Wales and Northern Ireland, confiscation orders are governed by the Proceeds of Crime Act 2002 (POCA) (Parts 2 and 4). In Scotland, equivalent orders are made under POCA Part 3. In Ireland, post‑conviction confiscation is provided for by the Criminal Justice Act 1994 (as amended). Across these jurisdictions the court assesses...

Confiscation under POCA 2002 in regulatory prosecutions: identifying benefit, lifestyle assumptions, corporate defendants, proportionality and practical issues (England and Wales)

Published by a LexisNexis Corporate Crime expert

Practice notes

In the Crown Court, when the prosecutor applies (or, where the court considers it appropriate, of its own motion), the court is obliged to also consider whether to impose a Confiscation order on a convicted defendant. Such an order compels payment of a sum reflecting the benefit obtained from criminal conduct, limited to the assets available to satisfy it. The regime governing confiscation may intersect with, but remains distinct from, civil forfeiture proceedings under section 303Z14 of the Proceeds of Crime Act 2002 (POCA 2002), which operate under different statutory criteria and provisions. For guidance on confiscation orders under the POCA 2002, see Practice Note: Confiscation under the Proceeds of Crime Act 2002. In addition, following conviction in the magistrates’ court for any offence, including summary only matters, if the prosecutor so requires, the court must commit the case to the Crown Court to consider making a confiscation order. The two public prosecuting authorities in England and Wales are the Crown Prosecution Service (CPS) (into which the Revenue and Customs Prosecuting Office has been subsumed) and the Serious Fraud Office (SFO). The CPS may prosecute any category of offence. Furthermore, the Prosecution of Offences Act 1985 (POA 1985) expressly preserves...

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Christopher Sykes

33 Chancery Lane

Christopher acts for the prosecution and defence in cases of business crime and investigations. He has been instructed by the FCA as junior and disclosure counsel in complex prosecutions. He has gained experience of investigations through his work with the Enforcement Decision Making Committee of the Bank of England and the Fraud Investigation Service of HMRC. He has been led by senior members of Chambers in defending private prosecutions for fraud and in confiscation proceedings. He has defended individuals facing allegations of civil contempt in the High Court for breach of freezing injunctions. He is panel counsel for the SFO. Alongside his business crime practice, Christopher offers extensive experience and expertise in the practice area of professional discipline and regulation. He is frequently instructed by the GDC to present the case in substantive, interim, and High Court matters. He is regularly...

Web page updated on 21/05/2026

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