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 orders in England and Wales: variation, reconsideration and appeals (POCA 2002 and CAA 1968)

Published by a LexisNexis Corporate Crime expert

Practice notes

This PrACTice Note outlines who is entitled to seek a variation of a Confiscation order, together with the relevant timing and procedure for making such an application. It addresses reconsideration via the slip rule and the broadened authority in the Proceeds of Crime Act 2002 (POCA 2002) permitting the available amount to be revisited without time limit after conviction. It further identifies the statutory foundations for Appealing a confiscation order under both the Criminal Appeal Act 1968 (CAA 1968) and POCA 2002. Lastly, it weighs up whether a variation application or an appeal is the more suitable procedural avenue to contest a confiscation order.

Who can apply to vary a confiscation order under the Proceeds of Crime Act 2002?

A Defendant, the prosecutor, or an appointed receiver may ask the Crown Court to lower the sum specified by a confiscation order where the funds available to satisfy it are insufficient. The court is then required to recalculate the available amount as at that date. If satisfied that the available amount is inadequate, the court may replace the figure with a lesser sum that the court considers just...

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Web page updated on 21/05/2026

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