Legal issues
An acceptance may be treated as conclusive for the relevant confiscation issue. Failure to comply can also result in allegations being treated as accepted, subject to the statutory exceptions, including the allegation of benefit itself. Check each statement version and the current order. A section 18 information order is a different obligation and should not be confused with the section 17 response.
This guide concerns England and Wales.
For the wider service, see Proceeds of Crime (POCA). Related decisions are covered in Confiscation proceedings after conviction and Criminal lifestyle and statutory assumptions.
Evidence that matters
Use a response schedule with columns for paragraph number, allegation, amount, position, reason and exhibit. Illustration: “Paragraph 24; £8,000 receipt; receipt accepted but criminal source disputed; claimed car-sale proceeds; sale agreement and matching transfer at exhibits A1–A3.” That entry does not prove the explanation: the documents must be genuine, consistent and capable of supporting it.
Reasonable lines of enquiry
Reconcile the statement to its exhibits. Look for duplicated transfers, incomplete account periods, unexplained valuation dates and assumptions without an identified factual basis. Where an exhibit is missing, ask for it specifically. Distinguish a factual admission from agreement with the legal consequence the prosecution draws.
What happens next
Work backwards from the court deadline, allowing time for instructions, missing documents and counsel’s review where appropriate. If an extension is needed, explain the missing material and propose a realistic timetable. A request alone does not vary the order. Further prosecution statements may require further consideration under the court’s directions.
Immediate steps
Keep one controlled version of the response. Do not copy a previous defendant’s wording, guess figures or leave disputed paragraphs unanswered without explanation. Check names, currencies, date ranges and totals against the exhibits before service.
What should you send us?
Send all statement versions and exhibits, the section 17 order, any section 18 order, earlier responses, the hearing timetable and records supporting each disputed paragraph.