Correspondence

Circular 007/2026: Principal objective

Published 8 July 2026

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, which can be found here: Crime and Policing Act 2026.

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).

Principal objective

3. Paragraph 1 of Schedule 21 inserts section 5A into POCA which defines the principal objective for which confiscation powers under Part 2 of POCA may be exercised.

4. It defines the principal objective of the use of powers in Part 2 as ‘to deprive the defendant of the defendant’s benefit from criminal conduct, so far as within the defendant’s means.’ Parts 2 and 3 of the schedule provide further clarity to existing POCA provisions regarding the calculation of benefit and the defendant’s means.

5. As per section 5A(1), the principal objective applies to any power conferred by Part 4 on;

a) a court

b) a prosecutor

c) an appropriate officer as defined by section 41A(3) or 47A(1)

d) any other person whose functions include the investigation of crime

e) a receiver appointed under section 48 or 50.

6. Section 5A(4) provides that a court or person must exercise any power to which this section applies in the way which they consider will best further the principal objective. Section 5A(5) also provides that where 5A applies but is in conflict with section 2A(1), 5A takes precedence over the section 2A(1) duty (“A relevant authority must exercise its functions under this Act in the way which it considers is best calculated to contribute to the reduction of crime” where a relevant authority is defined under section 2A(2)).

7. The purpose of setting the objective of Part 2 powers is to provide greater clarity as to the intended purpose of the powers, particularly with regard to considering the proportionality of their use. The definition is set in light of case law and the existing requirements in [current] section 69 regarding the conduct of the Crown Court and receivers appointed under POCA.