How to Challenge a Confiscation Order Under the Proceeds of Crime Act (POCA)

Introduction

The Proceeds of Crime Act 2002 (POCA) grants UK authorities the power to confiscate assets believed to be linked to criminal activities. Understanding how these orders work and how to challenge them is crucial for individuals affected.

What is a Confiscation Order?

A confiscation order is issued when a court determines that a person has benefited financially from criminal conduct. These orders are usually made after a conviction, during sentencing, and require the individual to repay the amount the court considers to be the proceeds of crime.

Confiscation orders can apply even if the individual does not have the full amount available at the time. The court may set a payment plan, and failure to comply can result in additional penalties, including imprisonment.

How to Challenge a Confiscation Order

1. Proving Lawful Ownership – The accused can present evidence that assets were acquired legally and are not linked to criminal activity.
2. Disputing the Benefit Figure – The prosecution must prove that the accused benefited from the alleged crime. If their calculations are incorrect, this can be challenged.
3. Negotiating a Settlement – In some cases, it may be possible to negotiate a lower repayment amount through legal representation.
4. Filing an Appeal – If procedural errors occurred or new evidence arises, an appeal can be made to a higher court.
5. Application for Variation – If financial circumstances change, an application can be made to reduce the amount payable.

Conclusion

Confiscation orders can have long-term financial consequences. Seeking legal representation at the earliest stage is crucial to protecting assets and pursuing available legal defences.