Proceeds of Crime (POCA)

About Proceeds of Crime (POCA)

The Proceeds of Crime Act 2002 (POCA) is one of the most powerful pieces of legislation available to law enforcement in England and Wales. It enables the Crown Prosecution Service, the National Crime Agency, HMRC, and other agencies to strip individuals of assets that are alleged to have been obtained through criminal conduct. POCA proceedings can run alongside a criminal prosecution or, in certain circumstances, can be brought as standalone civil recovery proceedings without the need for a criminal conviction.

Confiscation orders are made after conviction and require the defendant to pay an amount equal to the benefit they obtained from their criminal conduct. The court calculates the benefit figure, which can include the entire turnover of an enterprise deemed to be criminal, and then assesses the available amount — what the defendant currently holds. If the available amount is less than the benefit, the defendant pays whatever they have. If they fail to pay, a default prison sentence is imposed on top of any sentence already served. Interest accrues on unpaid amounts, and the order can be revisited if the defendant later acquires further assets.

Restraint orders can be imposed at the investigation stage, before any charge or conviction, to freeze a suspect's assets and prevent them from being dissipated. These orders can cover bank accounts, property, vehicles, investments, and any other realisable assets. Account Freezing Orders and Unexplained Wealth Orders provide additional mechanisms for the authorities to target assets even where criminal proceedings have not been brought. Cash seizure powers allow officers to seize cash over a certain threshold at borders, in vehicles, or in premises if they suspect it is the proceeds of crime or intended for use in crime.

Defending against POCA proceedings requires detailed forensic accounting, a thorough understanding of the statutory framework, and the ability to challenge the prosecution's benefit calculations at every stage. The difference between a robust defence and inadequate representation can amount to hundreds of thousands of pounds — or the loss of a family home.

Why Early Representation Matters

We represent clients at every stage of POCA proceedings — from the initial restraint order through to confiscation hearings and any subsequent enforcement. Our approach begins with a detailed analysis of the prosecution's benefit calculation, challenging inflated figures and ensuring that only assets genuinely connected to criminal conduct are included. We instruct forensic accountants where necessary to provide independent valuations and to trace the legitimate origins of assets.

Where restraint orders have been imposed, we work to secure reasonable living and legal expense allowances so that you can continue to meet your essential obligations while the proceedings are ongoing. We challenge disproportionate restraint and ensure that the prosecution complies with its duties of full and frank disclosure when applying for these orders. For clients facing civil recovery proceedings, we provide the same rigour in defending your assets as we would in a full criminal trial.

POCA proceedings are technical and the stakes are exceptionally high. A confiscation order is not a fine — it is a court order backed by the threat of imprisonment, and it follows you for life. Early and specialist legal advice is critical to protecting your position, and we ensure that no assumption made by the prosecution goes unchallenged.