Confiscation Orders After a Conviction: What Can the Court Take?

Facing Confiscation Proceedings? Understanding What Is at Risk Is the First Step

Article Summary

• A confiscation order is made by the Crown Court following a conviction and requires the defendant to pay a specified sum.
• The court considers both the benefit obtained through criminal conduct and the assets available to satisfy the order.
• Legitimately acquired assets can still be relevant, while jointly owned property requires careful consideration of each person’s interest.
• Failure to pay can lead to enforcement action, interest and a default prison sentence.
• There may be grounds to challenge, appeal or subsequently vary an order, but strict procedural requirements and deadlines can apply.

If you have been told that confiscation proceedings will follow your conviction, obtaining legal advice promptly can help you understand what is at risk, assess the prosecution’s figures and determine how best to respond. Contact us as early as possible for specialist advice.

Facing Confiscation Proceedings: What Could Happen to Your Assets?

If you or a family member has been convicted and the court has indicated that confiscation proceedings will follow, attention can quickly shift from the sentence itself to your finances. You may be concerned about your home, savings, investments or business interests, particularly if some assets were acquired legitimately or are jointly owned with someone else.

A confiscation order is designed to recover the financial benefit obtained through criminal conduct.

However, calculating what someone has benefited from and what they have available to pay are two separate questions.

The figures put forward by the prosecution can therefore require careful examination.

The earlier you obtain specialist legal advice, the more opportunity there is to scrutinise valuations, ownership, financial records and the assumptions being made before the court determines the final amount.

What Is a Confiscation Order and When Does the Court Make One?

A confiscation order is a financial order made by the Crown Court following conviction. It forms part of the post-conviction process under the Proceeds of Crime Act 2002 (POCA) and is intended to deprive a defendant of the benefit obtained from criminal conduct.

Importantly, the order is for the payment of a sum of money. It is not simply an instruction that a particular item, house or bank account must automatically be surrendered.

Following reforms introduced in June 2026, the court is required to establish a timetable for confiscation proceedings before the end of the sentencing hearing. This can include deadlines for financial information and responses, the date of the confiscation hearing and, where appropriate, an early resolution process.

This means that although the confiscation hearing may take place after sentencing, important steps can begin immediately. Waiting until shortly before the hearing to obtain advice can leave considerably less time to challenge the prosecution’s financial case.

For a wider explanation of the powers available to investigating and prosecuting authorities, read our guide: The Proceeds of Crime Act: What You Need to Know if You’re Under Investigation.

How Does the Court Arrive at the Amount?

The confiscation process requires the Crown Court to consider how much the defendant benefited from their criminal conduct and the amount that can be recovered.

Where the defendant is considered to have a criminal lifestyle under POCA, the court can examine wider financial activity rather than looking solely at the offence that resulted in the conviction. Statutory assumptions can apply to property, expenditure and income over the relevant period.

This can produce a benefit figure considerably higher than the amount someone believes they personally retained from an offence.

The court then considers the defendant’s available amount. If it is established that the available amount is lower than the calculated benefit, the recoverable amount may be based on what is actually available.

The 2026 reforms have also introduced specific provisions concerning hidden assets. An unexplained difference between the benefit figure and known assets can potentially be treated as hidden property, although the court must also consider alternative explanations.

For this reason, accurate disclosure and evidence can be critical. Bank statements, property valuations, company interests, loans, liabilities and evidence showing where funds went may all affect the court’s assessment.

Facing a Confiscation Hearing After Conviction?

What Can the Court Take, Including Spent or Jointly Owned Assets?

One of the most common misunderstandings about confiscation proceedings is that the court can only recover assets directly purchased with the proceeds of crime.

That is not necessarily the case.

Because a confiscation order creates an obligation to pay a sum of money, legitimately acquired property may ultimately be used to satisfy it. Depending on the circumstances, this can put savings, investments, vehicles, business interests and an interest in the family home within the scope of enforcement.

Spending the proceeds before the confiscation hearing does not necessarily remove the benefit previously obtained. A person may therefore be assessed as having benefited from money they no longer possess.

Joint ownership also requires careful analysis. If, for example, a property is owned with a spouse or partner, the court can determine the extent of the defendant’s interest. The other owner must be given a reasonable opportunity to make representations where the court is determining their respective interests.

This distinction can be extremely important for family members concerned that their own property is being treated as belonging to the defendant.

What Happens if a Confiscation Order Is Not Paid?

Unless the court allows time to pay, a confiscation order is payable when it is made. Where the defendant demonstrates that more time is necessary, the court can specify a payment period. The maximum period is generally three months initially, with a potential extension taking the total period to six months where the statutory requirements are satisfied.

If payment is not made when due, interest can accrue and enforcement action may follow.

The Crown Court also sets a default sentence when making the order. This is a period of imprisonment that can be imposed for failure to satisfy the confiscation order, with the maximum length linked to the amount owed.

Serving a default sentence does not simply cancel the outstanding confiscation debt. This makes it important to address difficulties with payment before deadlines pass rather than assuming the matter can be dealt with later.

Can a Confiscation Order Be Appealed or Varied, and What Are the Time Limits?

A confiscation order appeal may be possible where there are proper grounds to challenge the court’s decision. Depending on the circumstances, this might concern the calculation of benefit, the available amount, the treatment or valuation of particular assets or an error in the application of the law.

Appeal deadlines are short. An application concerning a Crown Court confiscation order will ordinarily need to be lodged within 28 days, making prompt advice important if the order is disputed.

An appeal is not the only mechanism available.

If circumstances subsequently demonstrate that the assets available are insufficient to meet the outstanding order, an application can potentially be made to the Crown Court for the amount to be varied.

Conversely, where an order was originally made below the benefit figure and further realisable assets are subsequently identified, the prosecution may seek an increase.

A change in circumstances therefore does not mean that an existing order should simply be ignored. The correct application needs to be made to the court.

Specialist Advice Following Conviction

Confiscation proceedings can place substantial assets at risk at a point when you and your family may already be dealing with the consequences of a criminal conviction.

Simon Caltagirone, CEO, Senior Solicitor and Head of White Collar Crime and Corporate Disputes, advises individuals and businesses facing complex financial investigations, fraud, money laundering and other high-stakes financial crime matters.

His approach is to examine the financial evidence and wider circumstances at an early stage, identify where the prosecution’s position can properly be challenged and develop a strategy specific to the confiscation proceedings rather than assuming the amount sought cannot be contested.

Twelve Tabulae does not accept Legal Aid. We act privately for clients requiring specialist advice and representation.

The latest Home Office figures show that £158 million was recovered through confiscation orders in the year ending March 2025, up 23% from £128.5 million the previous year. This was the highest annual amount recovered through confiscation orders since the year ending March 2019, demonstrating the significant and continuing use of confiscation as a means of recovering the proceeds of crime.

Challenge a Confiscation Order With Twelve Tabulae

A confiscation order can place significant pressure on your personal and business finances, but the amount sought by the prosecution should not simply be accepted without careful scrutiny.

Questions may arise over the calculation of criminal benefit, the value and ownership of assets, or the amount actually available to satisfy the order.

The sooner you obtain advice, the more opportunity there is to examine the prosecution’s figures, gather supporting financial evidence and determine whether the proposed order should be challenged, appealed or, where appropriate, varied.

If you are facing confiscation proceedings following a conviction, contact Twelve Tabulae as soon as possible. We can review the financial evidence, advise you on your options and act decisively to protect your financial, business and legal position.

Confiscation Order FAQs

Simon Caltagirone
CEO and Senior Solicitor