Confiscation proceedings are brought under the Proceeds of Crime Act 2002 (POCA). These proceedings allow the court to recover assets it believes represent the benefit of criminal conduct. Applications for restraint orders can also be made during an investigation to freeze assets before a case concludes.

We advise and represent clients facing confiscation proceedings, restraint orders, and asset recovery action. These cases are complex and often follow serious criminal allegations in the Crown Court.

What is a Confiscation Order?

After conviction, the prosecution may apply for a confiscation order. The court will assess:

• The benefit obtained from criminal conduct
• The value of available assets
• Whether the defendant has a criminal lifestyle
• The recoverable amount

The court can impose significant financial orders. If payment is not made within the time allowed, additional prison sentences can be imposed in default.

What is a Restraint Order?

A restraint order freezes assets during an investigation or before sentencing. It can prevent you from selling property, accessing funds, or transferring assets.

These orders are often obtained without notice. Early legal advice is important to challenge the scope of the order or apply for variations to cover legal expenses and living costs.

Criminal Lifestyle Allegations

In some cases, the prosecution may argue that a defendant has a “criminal lifestyle.” This allows the court to make assumptions about income and assets over a six-year period. Challenging these assumptions is often central to reducing the confiscation amount.

How We Assist

We:

• Analyse benefit calculations
• Challenge prosecution assumptions
• Instruct forensic accountants where necessary
• Represent clients in confiscation hearings
• Apply to vary or discharge restraint orders
• Advise on enforcement and payment extensions

Confiscation proceedings are technical and financially significant. Proper preparation can substantially reduce the amount sought.

Speak to Our Criminal Defence Team

If you are facing confiscation proceedings or a restraint order, seek advice immediately. Contact us on 01204 371414 or email [email protected] for guidance on your position.

FAQ – Confiscation & Restraint Proceedings

Can the court take my house under a confiscation order?
Yes. If the court determines that the property represents the benefit of criminal conduct and it forms part of your available assets, it can be included in the recoverable amount.

What happens if I cannot pay a confiscation order?
If the order is not paid within the time set by the court, a default prison sentence can be imposed. This does not cancel the debt, and enforcement action can continue.

Can a restraint order be challenged?
Yes. You can apply to vary or discharge a restraint order. The court may allow reasonable living expenses and legal costs if properly argued.

What is a criminal lifestyle finding?
If the court finds a criminal lifestyle, it can make assumptions about income and assets over a six-year period. These assumptions can significantly increase the confiscation amount and must be carefully challenged.

Are confiscation proceedings separate from the criminal trial?
Yes. They usually take place after conviction and are focused on financial recovery rather than guilt.

Read more about Criminal Defence or Police Station Attendance