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Financial & Business Crime | England & Wales

Confiscation proceedings after conviction

What to prepare when the criminal case moves into confiscation: the court timetable, disputed figures and evidence needed before the hearing.

KEY ANSWER

The position in brief

A conviction does not settle the confiscation figures. In England and Wales, the Crown Court must address the applicable POCA questions, including benefit and the recoverable amount. Start with the court’s directions and the prosecution’s actual case; do not assume that the amount alleged in the criminal proceedings is the amount you must pay.

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.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can identify the disputed POCA issues, organise the financial response and work with counsel or an appropriate financial expert where needed. Preparation should produce a clear list of matters for agreement and matters requiring a ruling, with an evidence reference for each.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Does sentencing end the financial case?

Not necessarily. Confiscation can require further financial evidence and a separate determination. Check the directions made at sentence and any later orders.

Should I agree the prosecution’s figure to avoid another hearing?

Only after understanding the calculation and its consequences. A practical settlement assessment needs the evidence, the realistic disputed issues and the proposed order.

Can a relative organise the records?

A relative can help collect authorised documents. They should not guess answers, alter records or give instructions on ownership issues that conflict with your interests.

NEXT STEP

Discuss a confiscation timetable

Tell us the next deadline and the documents you have received. Call 0843 636 7687 or email [email protected] to discuss the appropriate next step.

Discuss a confiscation timetable