Legal issues
Three separate questions need attention: what conduct is relevant, what benefit was obtained and what amount is recoverable. Whether the prosecution asks the court to determine criminal lifestyle can change the scope of the financial enquiry. Proportionality is also part of the statutory framework. Agreement between the parties remains subject to the court’s decision.
This guide concerns England and Wales.
For the wider service, see Proceeds of Crime (POCA). Related decisions are covered in Benefit and available amount in confiscation and Responding to section 16 and section 17 statements.
Evidence that matters
Build a dated financial file alongside the criminal case papers. Include the indictment, basis of plea or relevant findings, sentencing remarks, bank records, property interests and valuations. Mark which figures are accepted, which are disputed and which cannot yet be checked. A spreadsheet without the underlying records may conceal gaps rather than resolve them.
Reasonable lines of enquiry
Ask how each alleged receipt has been attributed to you. Was money received beneficially, held for someone else, transferred between your own accounts or counted twice? Separate a disagreement about receiving money from a disagreement about its legal treatment. Flag third-party ownership early so the person affected can obtain independent advice.
What happens next
Where the current section 15A procedure applies, the court sets a confiscation timetable by the end of the sentencing hearing and may revise it. Record every information and response deadline, not just the final hearing. Some cases may involve an early resolution meeting. Check commencement and transitional provisions against the dates of your own proceedings rather than relying on older descriptions of a two-year postponement period.
Immediate steps
Obtain the latest order and nominate someone to coordinate financial records. Request missing bank material promptly. If a deadline cannot be met, seek a revised direction before it expires. Do not move assets or agree figures simply to bring the process to an end; check any restraint restrictions and the consequences first.
What should you send us?
Send the court directions, prosecution statement and exhibits, conviction documents, any restraint order and a short explanation of the disputed assets. Tell us the next deadline and whether you already have solicitors acting.