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Financial & Business Crime | England & Wales

Responding to section 16 and section 17 statements

How to organise a reasoned response to the prosecution’s confiscation statement, with clear admissions, disputes and evidence references.

KEY ANSWER

The position in brief

A section 16 statement sets out the prosecution’s confiscation case. If the court orders a section 17 response, it requires an answer to the allegations within the specified period and particulars of matters relied on where they are disputed. A general denial or a bundle of unexplained bank statements is not an adequate substitute for a structured response.

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.

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 turn the statement into an issue schedule, identify admissions that need careful advice and prepare a supported response. The aim is to narrow the genuine disputes while preserving properly arguable factual and legal points.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Can I just write “not accepted” throughout?

That may fail to provide the particulars required by the order. Explain the actual dispute and the matters you rely on, with legal advice on the form of response.

What if an exhibit is missing?

Identify it precisely and request it promptly. Record the effect on your response and seek directions if necessary; do not assume the deadline disappears.

Can I change an earlier admission?

Do not assume you can simply withdraw it. Obtain advice immediately about the admission, its context and the appropriate application or correction.

NEXT STEP

Review a section 16 statement

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.

Review a section 16 statement