Common questions about confiscation orders
What is a confiscation order?
A confiscation order is a legal mechanism used to recover assets or proceeds gained through criminal activities.
It is typically issued after a person has been convicted of a serious crime with financial gain, such as drug trafficking or fraud.
The order requires the offender to pay back the financial gains obtained from their illegal activities, aiming to deprive them of the benefits of crime.
Failure to comply can result in further penalties or extended prison sentences.
What can be confiscated under a confiscation order?
Under a confiscation order, a wide range of assets and benefits derived from criminal activities can be confiscated.
This may include cash, bank accounts, real estate, vehicles, jewellery, and other valuable possessions acquired through unlawful means.
Additionally, any future assets or income obtained by the convicted individual can also be subject to confiscation.
Once a confiscation order is granted, the individual must satisfy the financial obligation by either paying the specified amount or forfeiting assets equivalent in value.
When is a confiscation order spent?
A confiscation order is considered "spent" when the individual has fully satisfied the order by paying the required amount as determined by the court.
Once the financial obligations imposed by the order, including any fines or compensation to victims, are met, the order is considered discharged.
After this, the individual is no longer legally obligated to fulfil the terms of the confiscation order.
However, it's important to note that some convictions related to confiscation orders may remain on an individual's criminal record, and the authorities may continue to monitor their financial activities for potential illicit behaviour.
What happens if you can’t pay a confiscation order?
If you can't pay a confiscation order serious consequences may follow. The court will typically set a deadline for payment, and failure to comply can result in additional penalties, including extended prison sentences.
The court may also employ confiscation order enforcement measures such as seizing assets, freezing bank accounts, or garnishing wages to recover the owed amount.
Inability to pay does not discharge the debt; it may accrue interest and remain outstanding until satisfied.
Defendants are encouraged to work with the court to establish a payment plan or explore other options, but non-compliance can lead to further legal troubles.
How long does proceeds of crime last?
The duration for which the proceeds of crime can be pursued is not fixed or limited by time. Authorities can seek to recover ill-gotten gains indefinitely.
Confiscation orders remain in force until the convicted individual has fully satisfied the required payment, which includes any accrued interest.
Even if a person serves a prison sentence, the order does not expire during their incarceration.
The legal system is committed to ensuring that criminals do not benefit from their unlawful activities, and as such, efforts to recover proceeds of crime can persist over an extended period.
How can I challenge a confiscation order?
To challenge a confiscation order, one must engage legal representation with expertise in criminal law and confiscation proceedings.
Grounds for challenging the order may include disputing the calculation of the benefit or available amount, citing evidence-related issues, or alleging procedural errors.
A formal notice of appeal must be filed within the designated timeframe, typically 28 days after the confiscation order's issuance.
Subsequently, a court confiscation hearing will be scheduled, during which your legal representative will present arguments and evidence to contest the order.
It's essential to seek confiscation order legal advice to navigate this process effectively and explore potential strategies for a successful challenge.
Funding your defence
We know that the last thing you want to think about when facing criminal prosecution is how to pay for the right defence team.
At Conspiracy Solicitor we recognise how worrying this can be, so we aim to give you all the information you need and assist you in getting the funding right. What is right for one person might not be right for another, so it is important to look at every case individually.
The means of funding differ according to a defendant’s circumstances and according to the stage the case is at.
The information below offers a general guide, but the most important thing is that you get the right advice. We’re always happy to discuss these issues with a potential client, so don’t hesitate to get in touch.
Contact our confiscation order solicitors now
Facing a confiscation order? Get in touch with our expert criminal defence team now for advice or immediate representation.
To speak to our confiscation order solicitors, use our simple contact form to request a call back or contact us on one of the following numbers:
- Call 0333 009 5968 – for standard enquiries during office hours
- WhatsApp 07535 215140 – for 24/7 emergency support including police station representation
