Default term in confiscation


Published by a ³ÉÈËÓ°Òô Corporate Crime expert
Practice notes

Default term in confiscation


Published by a ³ÉÈËÓ°Òô Corporate Crime expert

Practice notes
imgtext

Where a Confiscation order is made against a defendant with realisable assets, the obligation is on them to realise their assets within the time set in the confiscation order, although it is possible to appoint an Enforcement receiver at this stage (see: Enforcement receivers in confiscation—checklist).

The Proceeds of Crime Act 2002 (POCA 2002) creates no specific sanction for non-payment of a confiscation order, instead POCA 2002, s 35 treats an unpaid confiscation order as if it were an unpaid fine imposed by the Crown Court, which is enforceable in the magistrates’ court.

Generally speaking, the enforcement of fines is dealt with under fine enforcement provisions in the Sentencing Act 2020 (SA 2020) and Part III of the Magistrates’ Courts Act 1980 (MCA 1980).

POCA 2002, s 35 enables the Crown Court to fix a term of imprisonment to be served in default of payment of a confiscation order, within a permitted maximum. The Statutory scheme thereby ensures that the offender has nothing to gain by failing to comply with the confiscation order. They will be subject to

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Confiscation order definition
What does Confiscation order mean?

An order that private property be taken into possession by the state.

Read more

Popular documents

Production orders under the Proceeds of Crime Act 2002

Production orders under the Proceeds of Crime Act 2002Production ordersThe purpose of a production order is to obtain material relating to a known person or business, such as bank statements and correspondence. The order requires the person specified to either hand over the material contained in the

Restraint orders

Restraint ordersWhat is a restraint order?A restraint order is a preventive measure imposed in support of any confiscation order that may be or has been made. It is an instrument of statute, provided for in section 40 of the Proceeds of Crime Act 2002 (POCA 2002).POCA 2002, s 40 (in providing for

Cash seizure and detention

Cash seizure and detentionCash seizure and detention under POCA 2002Chapter 3 of POCA 2002, Pt 5 provides for the recovery of cash in summary proceedings in England and Wales and the associated powers of search, seizure, detention and forfeiture of cash. Under POCA 2002, s 294, specified officers

Applying for the return of seized cash

Applying for the return of seized cashApplication by the person from whom the cash was seizedWhen cash has been seized, an application can be made by an officer (ie an immigration officer, HMRC officer, officer of the Serious Fraud Office (SFO), police officer or an accredited financial