If you are facing the confiscation of assets under the Proceeds of Crime Act 2002, it is important to instruct a skilled solicitor to ensure you have the best chance of securing a fair outcome.
The court has several orders at its disposal to recover the proceeds of criminal activity including restraint orders, confiscation orders, civil recovery and international recovery.
The aim of confiscation proceedings under the Proceeds of Crime Act is to deter criminal activity, particularly financial crimes such as money laundering, by recovering the financial and material benefits of crime.
If your assets are being targeted by a confiscation or restraint order or you are facing a conviction that may involve confiscation proceedings, we can offer specialist, expert representation to give you the best possible defence.
Call 0333 009 5968 or use our simple contact form to request a call back from one of our solicitors.
Call 07711 627048 at any time 24/7 for urgent police station representation.
Our confiscation proceedings services
Restraint orders
A restraint order under the Proceeds of Crime Act 2002 is a legal measure aimed at preventing individuals from disposing of or dealing with assets that may be subject to confiscation proceedings.
It freezes the assets suspected to be obtained through criminal activity, ensuring they remain available while investigations proceed. Once issued, individuals are restricted from transferring, selling, or dissipating the specified assets until the conclusion of legal proceedings or further court orders.
If you have been subject to a restraint order our solicitors can help you challenge the order and collect evidence to put together a strong defence for you during court proceedings.
Confiscation orders
A confiscation order under the Proceeds of Crime Act 2002 is a court order which requires the defendant to pay a sum of money to HMCTS to repay the funds they gained from criminal activity.
The court will assess the value of the defendants’ assets and criminal benefits, to calculate the amount to be repaid.
Failure to comply with the order can result in additional fines and may lead to imprisonment.
If you have been made subject to a confiscation order or are worried you may be, our solicitors can assist with challenging the order or negotiating different terms in the event that you are unable to pay the full amount.
Civil recovery
The proceeds of crime can be reclaimed through civil proceedings in the High Court if the property is proven to be acquired through criminal activity.
A civil recovery may be used if a conviction is not possible, the defendant has a conviction but a confiscation order has not been made or if it is in the public interest.
The CPS can request a freezing order to secure the assets until a civil recovery order is granted.
If you have a civil recovery order, we can advise you on your options to help preserve your interests.
International recovery
Along with foreign authorities, the CPS can secure and reclaim assets located abroad.
The CPS has lawyers abroad who specialise in asset recovery, enabling collaboration with foreign authorities to retrieve assets.
If the CPS is pursuing international recovery against your assets, we can advise you on your options and help you challenge the order in court.
Our confiscation proceedings solicitors’ fees
Delivering outstanding value for money is central to our approach. Our pricing mirrors the expertise we provide and the results we achieve for our clients. We compare our fees with similar firms to ensure we stay competitive.
We are fully transparent about our pricing and are happy to provide an upfront estimate with a detailed cost breakdown. Where appropriate, we offer legal aid for court proceedings and fixed fee services, ensuring complete clarity regarding the costs involved.
Call 0333 009 5968 or use our simple contact form to request a call back from one of our solicitors.
Common questions about confiscation proceedings
What are confiscation proceedings?
Confiscation proceedings under the Proceeds of Crime Act 2002 are legal actions taken by the authorities to seize assets acquired through criminal activities.
The process involves identifying assets linked to the crime, assessing their value, and obtaining a confiscation order from the court.
Once granted, the order allows authorities to seize assets equivalent to the criminal proceeds.
When can a confiscation order be made?
Confiscation proceedings may begin in the crown court when a defendant has been convicted for an offence which involved financial gain.
The court will thoroughly review the evidence and gather input from the prosecution and the defence before issuing a confiscation order.
Can a confiscation order be varied?
In limited circumstances, it may be possible to vary a confiscation order, for example, where the value of assets has changed.
However, it is important to note that the prosecution can also seek to apply to vary a confiscation order, where the available amount has increased.
Our solicitors can advise you on whether you may be able to vary your confiscation order depending on your circumstances.
What if I can’t pay my confiscation order?
If you do not fulfil your confiscation order payment, you will be asked to attend an enforcement hearing at the magistrates' court where the court will review the circumstances and decide whether to impose a default sentence, give you more time or consider other options.
A receiver may be appointed to enforce the confiscation order by liquidating your assets or a restraint order may be imposed until the order is paid in full.
How long will I have to repay a confiscation order?
A confiscation order will require you to pay a sum of money to HMCTS immediately or if you can prove you need more time to pay it, within a fixed period of time of three to six months.
Contact our confiscation proceedings solicitors now
If you are facing a court order to confiscate your assets, please get in touch with our expert criminal defence team now for advice or immediate representation.
To speak to our solicitors, use our simple contact form or one of the numbers below:
0333 009 5968 – for standard enquiries to our solicitors during office hours
07711 627048 – for 24/7 emergency support including police station representation