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...

Default imprisonment for confiscation orders: calculation, service, part-payments, interest, warrants and Article 6 issues (England and Wales)

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Practice notes

When a Confiscation order is issued against a defendant who holds realisable assets, the duty rests on them to liquidate those assets within the period specified by the order; however, at this juncture it is also possible to appoint an Enforcement receiver (see: Enforcement receivers in confiscation—checklist). The Proceeds of Crime Act 2002 (POCA 2002) does not prescribe a bespoke penalty for non-payment; rather, POCA 2002, s 35 treats any sum outstanding under a confiscation order as if it were a fine imposed by the Crown Court, which is then enforceable in the magistrates’ court. Broadly speaking, the recovery of fines is governed by the fine enforcement provisions in the Sentencing Act 2020 (SA 2020) and by Part III of the Magistrates’ Courts Act 1980 (MCA 1980). Pursuant to POCA 2002, s 35, the Crown Court may set a term of imprisonment to be served in default of payment, within the applicable maximum. In this way, the statutory framework ensures that an offender stands to gain nothing by refusing or failing to comply with the confiscation order...

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Web page updated on 21/05/2026

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