A confiscation order is issued by the Crown Court under the Proceeds of Crime Act 2002 (POCA).
It requires the defendant to repay the financial gains obtained from illegal activities in a sum of money to HMCTS.
If you've received a POCA confiscation order that you are unable to pay, our team of expert solicitors specialising in these orders can provide the legal guidance you need.
We are dedicated to offering thorough legal support and advocating for the rights of those facing charges under the Proceeds of Crime Act.
We can help you understand your legal options and provide skilled representation to build the strongest defence possible.
Call 0333 009 5968 or use our simple contact form to request a call back from one of our confiscation order solicitors.
Call 07711 627048 at any time 24/7 for urgent police station representation.
What is a confiscation order?
A confiscation order is an order made by the Crown Court under the Proceeds of Crime Act.
It requires the defendant to repay the financial benefits they gained from illegal activities, in a specified sum of money to HMCTS.
They may be required to repay the funds immediately or within a fixed time frame of three to six months where this is not possible.
Failure to comply with a confiscation order can result in additional penalties, including extended prison sentences.
The Proceeds of Crime Act aims to tackle financial crime and money laundering and the confiscation order prevents people from benefitting from these crimes.
How much do I need to pay under a confiscation order?
The Crown Court will assess how much you gained from criminal activity, which is based on the value of any property or financial benefits you acquired.
This can include assets not directly related to the convicted offence, provided certain criteria are met.
The Crown Court will then determine the available amount, calculated by the value of your assets, minus any priority payments and any tainted gifts you have made.
You will then be ordered to pay the benefit from the criminal activities unless you can prove that some or all of it is no longer available. If you can, you will be required to pay the available amount.
What happens if I can't pay a confiscation order?
The Crown Court will set a prison term to be served if you fail to pay the confiscation order. The length of this sentence is based on the amount of the confiscation order and is known as the ‘default sentence.’
If your assets amount to less than the confiscation order, you can request a reduction from the Crown Court by proving your assets are insufficient to cover the order.
The court will consider all of your assets at the time of the application, including any acquired after the order was made but the judge will not consider any insufficiency you have caused to avoid payment.
While you can request a reduction if you do not have the available assets, the same is also true of the prosecution.
If it is later discovered that you have any additional realisable assets, the prosecutor can apply to the Crown Court to increase the amount of the confiscation order.
Can I be forced to sell my property under a confiscation order?
Yes, you can be forced to sell your property under a confiscation order, even if other parties such as your family, have an interest in it.
If you are unable to pay the amount specified in the order, the court can enforce the sale of your assets, including property, to recover the debt. The proceeds from the sale will be used to pay the confiscation order.
If you do not comply, further legal actions, such as an extension of the order or additional penalties, may be imposed. It's crucial to seek legal advice to understand your options and obligations under a confiscation order.
Can I request an extension to pay the confiscation order?
If you are unable to pay the confiscation order by its due date, you can request an extension.
You may receive up to an additional six months to pay, but you must demonstrate that exceptional circumstances are preventing you from paying on time.
If you genuinely cannot pay the amount specified in the order, you can ask the court to modify the order.
To persuade the court to lower the amount, you must show that you have no remaining assets that could be used for payment.
Can I appeal a confiscation order?
You have the right to appeal the confiscation order and if it is reduced or revoked as a result, you will be informed of the outcome.
You can request the Crown Court to adjust the confiscation amount. The court will review how much you have paid and if the court is convinced that you cannot afford to pay more and have no additional property to sell, it will reduce the confiscation amount to match what has already been paid.
If you need extra time to pay, you can apply to the Crown Court for an extension, with a maximum limit of six months.
Only the Magistrates’ Court can modify your compensation order. If any changes occur, HMCTS will notify you.
Contact our solicitors specialising in confiscation orders
If you are faced with a confiscation order under the Proceeds of Crime Act 2002, we can offer specialist expert advice and assistance, or representation, from our solicitors to give you the best possible defence.
Contact us by telephone/WhatsApp/SMS at any time 24/7 on 07535 215140, or use our simple contact form, to request a call back from one of our solicitors.
Call 07711 627048 or 07535 215140 at any time 24/7 for urgent police station representation.