Proceeds of Crime Act 2002 Part 2: criminal confiscation regime
The Crime and Policing Act 2026 introduces reforms to the criminal confiscation regime under Part 2 of POCA.
Documents
Details
1. Crime and Policing Act 2026 - POCA Part 2: criminal lifestyle
Schedule 21 reforms the criminal lifestyle provisions under Part 2 of POCA to make confiscation orders more realistic and proportionate.
It introduces prosecutorial discretion on whether the court should determine criminal lifestyle (under section 6(4)), clarifies the ‘serious risk of injustice’ safeguard, reduces the trigger for lifestyle assumptions from three offences to two, and adds three offences to the criminal lifestyle list.
2. Crime and Policing Act 2026 - POCA Part 2: amount to be paid
Part 3 of Schedule 21 sets out provisions concerning the amount to be paid under the confiscation order.
It places hidden asset determinations on a statutory footing, amends the definition of tainted gifts, and aims to ensure criminal benefit is calculated as realistically as possible.
3. Crime and Policing Act - POCA Part 2: principal objective
Schedule 21 inserts section 5A into POCA which defines the principal objective for which confiscation powers under Part 2 of POCA may be exercised.
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.’
4. Crime and Policing Act 2026 - POCA Part 2: timetabling
Schedule 21 requires the court to set out at the sentencing hearing, before the start of confiscation proceedings, a timetable for those proceedings.
It requires the court, at sentencing and before confiscation proceedings begin, to set a timetable for those proceedings, including the schedule for returning Sections 16, 17, and 18 forms, EROC meetings and hearings, and the confiscation hearing at which the order is set.
5. Crime and Policing Act 2026 - POCA Part 2: early resolution of confiscation
Schedule 21 introduces section 15B ‘early resolution meeting’ and 15C ‘early resolution hearing.’
If ordered by a judge, the defendant, prosecutors and relevant third parties are required to meet outside court to discuss criminal benefit and available assets. If agreement is reached, a proposed order may be submitted to the judge who can make it without a hearing in some cases.
6. Crime and Policing Act 2026 - POCA Part 2: Restraint orders
Part 9 of Schedule 21 sets out and clarifies a range of factors the court must consider when making, varying or providing exclusions to restraint orders.
It codifies the ‘risk of dissipation’ test, allows exceptions to restraint orders for reasonable legal expenses, and sets out factors for the court when considering exceptions for living expenses, delays in proceedings, and post-conviction restraint decisions.