Proceeds of Crime & Confiscation Orders

If you have been convicted of a criminal offence, any assets considered the ‘proceeds of crime’ can sometimes be seized under the Proceeds of Crime Act 2002 (POCA). The impact of the proceeds of crime regime can be financially devastating, and seeking expert legal advice is essential.

At DJMS Solicitors, we are experts in navigating the complex landscape of proceeds of crime issues. Whether your assets have been frozen, you’re facing confiscation proceedings, or you wish to appeal a Confiscation Order, our specialist criminal solicitors are on hand all day, every day, to provide the legal advice and support you need.

What is the Proceeds of Crime Act 2002?

The Proceeds of Crime Act 2002 aims to deprive those convicted of a criminal offence of the benefit of their criminality by making them pay an equivalent amount. It allows prosecuting authorities to block, restrain, freeze, and seize any assets that appear to have been bought with money made from crime.

The most common action taken under the proceeds of crime regime is ‘criminal confiscation’ by way of a ‘Confiscation Order’.

What is a Criminal Confiscation Order?

The term ‘confiscation’ can be misleading. It doesn’t mean your property will be taken away. It means you must pay an amount of money equivalent to what you made from criminal activities, known as the ‘benefit’.

Confiscation proceedings can only take place once you have been convicted of a crime that led to actual or attempted financial gain. They are not automatic; the prosecuting authority must ask the Court to consider making a Confiscation Order at the end of your case.

Only the Crown Court can make a Confiscation Order. If you are convicted in the Magistrates’ Court, the prosecution must request that you be committed to the Crown Court for confiscation purposes.

When will the Court make a Confiscation Order?

If the Court believes you have benefitted financially from your criminal conduct, it will make a Confiscation Order against you. The Confiscation Order will demand payment of an amount equivalent to the ‘benefit’ you obtained.

How does the Court calculate the proceeds of crime?

The Court can base the benefit figure on either particular or general criminal conduct.

• Benefit based on particular criminal conduct. This refers to the acts for which the defendant has been convicted in the current proceedings. If you claimed £15,000 in benefits to which you weren’t entitled, the Court will order that you pay £15,000.
• Benefit based on general criminal conduct. If the Court decides that you have a ‘criminal lifestyle’, the benefit figure will be based on ‘general criminal conduct’, meaning criminal conduct committed at any time, whether or not you were prosecuted for it.

If your conviction is for a crime such as drug dealing or money laundering, the Court is entitled to infer that you have a ‘criminal lifestyle’. You might also be deemed to have a ‘criminal lifestyle’ if your crime spanned six months or more or was part of a course of criminal activity.

What happens when the Court makes a Confiscation Order?

When the Court makes a Confiscation Order against you, it will order you to pay either the figure it has calculated as being the ‘benefit’ in your case or the total amount of your assets, whichever is lower.

For example, if the benefit figure is £150,000 but the total value of your assets, including cash and property, is £100,000, the Court will order you to pay £100,000.

You usually need to pay the sum immediately, but if you can’t, you can apply for more time, up to a maximum of six months.

What happens if you don’t comply with a Confiscation Order?

If you don’t comply with a Confiscation Order, you can face a prison sentence. The length of your sentence will depend on the amount of the Order.

Crucially, going to prison for failing to pay the sums due under a Confiscation Order does not excuse you from paying them. They’ll remain due, and interest will accrue on them.

How can DJMS Solicitors help?

The proceeds of crime regime are incredibly complicated, and its effects can be severe. Without expert representation from criminal solicitors like us, you risk having to pay out an amount that far exceeds the benefit you gained from the activities for which you were convicted. In worst-case scenarios, you may lose all your assets, including your home.

At DJMS, we frequently represent clients facing all types of proceeds of crime matters, including confiscation proceedings. We will do everything possible to protect your assets, such as attacking the prosecution’s figures to reduce the amount you have to pay or negotiating a manageable settlement.

DJMS’ lawyers are available 24 hours a day, 365 days a year providing immediate, first-class legal advice, representation, and assistance across a range of criminal proceedings.