Circular 008/2026: Timetabling of confiscation proceedings
Published 8 July 2026
© Crown copyright 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, 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).
Timetabling
3. Paragraph 14 of Schedule 21 makes provision for the timing of confiscation proceedings. It replaces previous sections 14 and 15 of POCA – which provide for the ‘postponement’ of proceedings for up to two years – with new section 15A. 15A primarily changes the current law in two ways.
4. Firstly, it requires the court to draw up a timetable for confiscation proceedings before the end of the hearing at which it sentences the defendant for the offence (subsection (3)). This timetable will set out the deadlines for exchange of information and response under POCA sections 18, 16 and 17, the date of the confiscation hearing and, if the court deems it appropriate, the timing of an early resolution of confiscation meeting and hearing and attendant exchanges of information [and reporting to the court]. The court may also subsequently revise the timetable. This will create clarity around the process for defendants and prosecutors and facilitate timely and efficient confiscation proceedings.
5. Section 15A(7) additionally extends the period of time in which a court may vary a sentence under 15A(6) from the previous 28 days to 56 days. This makes the deadline consistent with the existing “slip rule” (section 385 of the Sentencing Act 2020) to avoid unintended confusion and the inadvertent missing of the deadline.