Confiscation orders after conviction
After a Crown Court conviction, or committal there, the court can make a confiscation order under the Proceeds of Crime Act 2002 s.6 for the defendant's benefit from crime. The order equals the benefit unless the defendant shows less is available, and must not be disproportionate. Unpaid sums carry interest and a default prison term of up to 14 years that does not wipe out the debt.
When confiscation arises
After conviction in the Crown Court, or committal there, the court must consider confiscation if the prosecutor asks or it thinks it appropriate (Proceeds of Crime Act 2002 s.6). Questions are decided on the balance of probabilities (s.6(7)). Since 29 June 2026 the principal objective is to deprive the defendant of their benefit so far as within their means (s.5A). The court may sentence first and then set a confiscation timetable (s.15A); the old two-year postponement rules are repealed.
The stages
- Criminal lifestyle (s.75 and Sch.2), decided only if the prosecutor asks (s.6(4)). It applies where the offence is listed in Sch.2 (such as drug trafficking or money laundering), forms part of a course of criminal activity, or was committed over at least 6 months. The last two need relevant benefit of at least £5,000.
- Benefit: from general criminal conduct in a lifestyle case, otherwise from the offences themselves. In lifestyle cases the court must assume (s.10) that property received and spending from 6 years before proceedings began, and property held after conviction, came from crime, unless shown wrong or there is a serious risk of injustice. It must weigh any explanation for missing evidence (s.10(6A)).
- Recoverable amount: the benefit figure, unless the defendant proves the available amount is less (s.7). That is free property (less priority debts) plus tainted gifts (s.9) and any property found to be hidden (s.9A).
- Proportionality: the order is made only so far as not disproportionate (s.6(5)), following R v Waya [2012] UKSC 51, for example where the proceeds were fully returned to the victim.
Paying, interest and default
- Payment is due on the day. If impossible, the court can allow up to 3 months, extendable to 6 months from the order (s.11).
- Late payment carries interest at the civil judgment debt rate (s.12).
- The court sets a default prison term: up to 6 months for £10,000 or less, 5 years up to £500,000, 7 years up to £1 million and 14 years above (s.35(2A), applying Sentencing Act 2020 s.129). Serving it does not cancel the debt (s.38(5)).
Reconsideration and variation
- The prosecutor can seek a new benefit figure on new evidence within 6 years of conviction (s.21).
- Where the order was set at the available amount, the prosecutor or a receiver can seek an increase if the defendant later has more, up to the benefit figure (s.22).
- The defendant, prosecutor or a receiver can apply to reduce the order if the available amount proves inadequate (s.23).
Changes not yet in force
A new enforcement regime in the Crime and Policing Act 2026 Sch.21 Part 8 (new ss.35A-35R) is not yet in force.
In practice
If proceedings began before 29 June 2026, check which rules apply. Early advice is important, because figures not challenged at the hearing are hard to reopen.
Authorities: Proceeds of Crime Act 2002 ss.5A, 6, 7, 9, 9A, 10, 11, 12, 14, 15A, 21, 22, 23, 35, 38, 75 and Sch.2 (as amended by Serious Crime Act 2015 and Crime and Policing Act 2026 Sch.21, in force 29 June 2026 except paras 6, 17, Part 8, para 26(1), (2), (4) and Part 13); Sentencing Act 2020 s.129; Crime and Policing Act 2026 (Commencement No.1 and Saving Provision) Regulations 2026 (SI 2026/689) reg.2(1)(z12); R v Waya [2012] UKSC 51