Proceeds of Crime Act - Confiscation proceedings

Confiscation orders take place in the Crown Court.  They happen following a successful conviction for an offence that involves an element of financial gain.

It is a complex area of law that requires specialist knowledge. At MK Law we have a dedicated department to assist if you find yourself facing confiscation proceedings. This may be from an order yet to be made or an order that was made some time ago.

What happens after a Confiscation order has been served?

If you’re served with a Confiscation Order you may be asked to confirm your financial situation. This is officially called a provision of information Provision of Information request and we have a vast amount of experience helping clients to prepare the statement of assets.

If you choose us to help you the Prosecution will serve us with their Section 16 which is their document setting out the case against you and how much they are looking to recover. We’ll then get to work on drafting the Defence Response to set out your case. This response will involve serving evidence to support your position with the help of experts such as forensic accountants, drugs experts and auction houses. It can take the form of analysing banking material, obtaining witness statements and evaluating assets.

If after the serving of the Prosecution and Defence documents, an agreement can’t be reached the matter will be listed for a contested hearing. This is  when the Judge will hear evidence and decide what the Confiscation should be based on what has been presented.


What should I do if a Proceeds of Crime case has been served on me?

It’s essential for individuals under suspicion or concerned about potential allegations to seek expert guidance on their rights and the most effective approach to managing the inquiry.

At MK Law, our team consists of proficient POCA solicitors, each with vast experience in confiscation order cases and a track record of success. Our adept solicitors provide thorough guidance throughout every stage of your case, ensuring you receive sound advice and strategic direction.

We recognize the significant impact of such orders and stress the critical importance of sound advice and strategic planning from the very beginning.

A proceeds of crime act case example

After convictions were gained in a case where nine people were charged with conspiracy to supply cocaine and cannabis the Prosecution originally sought a Benefit figure of £165,844.14. We were successfully able to lower this amount to £118,372.79. This was done by showing that credits initially deemed as unidentified by the Prosecution had come from legitimate sources.

Within this case, there were issues of assets belonging to 3rd parties which were resolved in the 3rd parties favour. We also successfully extended the time to pay the order under section 11 as some of the assets had not been realised through no fault of the defendant within the initial 3 month period.

So in summary we managed to both help reduce the amount the Prosecution tried to recoup by just under £50,000 and also increased the time they had to pay because they were unable realise their assets in time.

Useful Information

Within this site

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POCA limitations

Legal Aid or privately funding driving charges

More info on one of our POCA specialists

Nadia Ryman


The Proceeds of Crime Act

The legislation

Sentencing guidelines

Money laundering

Crown Prosecution Services website