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...

POCA 2002 s 22: increasing confiscation orders by reconsidering the available amount—principles, procedure, and defence arguments (England and Wales)

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Practice notes

A Defendant, the prosecution, or a court-appointed Receiver may ask the Crown Court to lower a Confiscation order where the funds available to satisfy it are insufficient. The court is required to reassess, as at the application date, what sum is actually available. If it finds the resources fall short, the court may replace the figure with a lesser sum it deems fair. For further guidance on reducing confiscation orders, see Practice Note: Confiscation orders—to vary or appeal.

What is the power to revise a confiscation order upwards?

Where, post-order, new material indicates the available amount exceeds the initial assessment, the prosecution or the appointed receiver can invite the Crown Court to revisit—and potentially raise—the available amount set by the order. Such uplifts commonly aim to remove the offender’s gain from crime when additional details emerge about assets or means traceable to unlawful conduct...

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Web page updated on 21/05/2026

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