Confiscation, the Family Home and Matrimonial Assets: Human Rights, Third-Party Claims, Tainted Gifts and POCA 2002 s 10A

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Practice notes

Matrimonial assets and confiscation

A confiscation order operates in personam against the defendant, yet its calculation reflects the benefit derived from crime and takes account of their realisable property, concealed holdings and assets and any tainted gifts. For further detail and context, see Practice Note: Determining the recoverable amount (benefit and available amount) under POCA 2002. Accordingly, it may encompass lawfully acquired assets or those wholly untainted by the offender’s criminality, even in situations where civil recovery of that property, under Part 5 of the Proceeds of Crime Act 2002 (POCA 2002), would be unavailable in law. See also Practice Note: Civil recovery orders under the Proceeds of Crime Act 2002.

Where a person is married, there will typically be property commonly regarded as ‘assets of the marriage’ and, if the marriage unfortunately breaks down, such assets may become the subject of formal financial provision proceedings, through which matrimonial property can be divided and fairly shared between the parties in accordance with family law principles. The principles governing those proceedings are entirely distinct from the framework for confiscation proceedings, which focus on divesting an offender of the proceeds of their offending...

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Web page updated on 21/05/2026

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