Proceeds of Crime Act proceedings
POCA proceedings can continue after the criminal case and may place homes, businesses, bank accounts and other assets at risk. Early, organised preparation is essential when the prosecution alleges criminal benefit, applies statutory assumptions or seeks to restrain property.
What is a POCA confiscation order?
Following conviction, the Crown Court may be asked to determine whether a defendant benefited from criminal conduct and the amount that should be recovered. The calculation can differ from the profit personally retained, and the issues may include particular criminal conduct, alleged criminal lifestyle and the value of available assets.
- Prosecution and defence financial statements
- Benefit and available-amount calculations
- Criminal-lifestyle assumptions
- Property said to be jointly obtained or held
Restraint orders and frozen assets
A restraint order may restrict dealing with property while an investigation or prosecution is ongoing. The exact terms should be reviewed promptly, including permitted living or business expenses, disclosure duties and whether an application to vary or discharge the order is appropriate.
- Bank accounts, property and vehicles
- Business and household expenses
- Third-party interests
- Applications to vary or discharge
Preparing the financial evidence
POCA cases can require bank statements, valuations, company records, tax material, loan documents and evidence tracing ownership or legitimate sources of funds. Clear schedules and supporting documents help distinguish criminal benefit from available assets and identify property belonging to another person.
- Asset ownership and valuations
- Gifts, loans and legitimate income
- Joint property and third-party claims
- Enforcement and time-to-pay issues
Common questions
Is confiscation the same as a fine?+
No. A confiscation order is a separate order intended to recover the proceeds of criminal conduct. Its calculation follows the Proceeds of Crime Act and depends on the findings and evidence.
Can a restraint order be changed?+
The Crown Court can consider applications to vary or discharge a restraint order. The available argument depends on the wording, evidence and circumstances, so obtain advice promptly.
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