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Confiscation orders after conviction

Updated 2026-11-04 · Checked against sources 2026-11-04 · England & Wales

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 The court may sentence first and then set a confiscation timetable (s.15A); the old two-year postponement rules are repealed.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

Paying, interest and default

Reconsideration and variation

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.

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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

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