Circular 005/2026: Criminal lifestyle
Published 8 July 2026
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Introduction
1. This circular is issued to inform relevant public authorities of certain provisions of the Crime and Policing Act 2026, which come into force on 29 June 2026. This circular does not constitute legal advice. It is not a statement of law and is not intended to provide a comprehensive description or interpretation of the provisions. The circular should be read alongside the Act and the accompanying explanatory notes.
2. Section 189(1) introduces Schedule 21 which reforms the confiscation regime in respect of England and Wales by amending the Proceeds of Crime Act 2002 (POCA).
Criminal lifestyle
3. Part 2 of Schedule 21, paragraphs 2-5, sets out changes to the criminal lifestyle provisions.
4. Paragraph 2 introduces prosecutorial discretion over whether the court should determine if a defendant has a criminal lifestyle for the purposes of section 6(4) POCA. Where lifestyle is not invoked, benefit is instead assessed by reference to the defendant’s particular criminal conduct.
5. Paragraph 3 inserts new subsection (6A) by clarifying the “serious risk of injustice” safeguard that limits the application of the criminal lifestyle assumptions. The amendment requires the court to consider all the circumstances of the case and to give appropriate weight to any evidence presented.
6. Paragraph 4 amends section 75(3) by reducing the number of offences required to trigger the criminal lifestyle assumptions from three to two. It also expands the definition to include offences where the defendant intended to benefit, broadening the circumstances in which the lifestyle provisions may apply.
7. Paragraph 5 expands the list of criminal lifestyle offences in Schedule 2 to POCA by adding three further offences. It inserts an additional brothel-related offence (section 33A of the Sexual Offences Act 1956) and two environmental offences involving the unlawful deposit of waste and the operation of regulated facilities without an environmental permit.