Crime and Policing Act 2026 - POCA Part 2: early resolution of confiscation meeting
Published 29 June 2026
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Guidance
This guidance is issued to raise awareness of relevant amendments introduced by the Crime and Policing Act 2026 (CPA). It is not a statement of law and is not intended to provide a comprehensive description or interpretation.
Paragraph 15 of Schedule 21 introduces section 15B ‘early resolution meeting’ and 15C ‘early resolution hearing’.
Where the court is beginning confiscation proceedings and deems it appropriate (either on the court’s own initiative or on application from the prosecutor) it may direct the defendant, prosecution and any relevant interested third parties to attend an early resolution of confiscation (EROC) meeting. The court will set the date for the EROC meeting (and an EROC hearing) during the sentencing hearing when the wider confiscation timetable is being set.
At the EROC meeting the defendant and prosecutor will discuss the details of the confiscation order (the defendant already having been convicted) and what should therefore be paid by the defendant as a result of that order. This will include the criminal benefit, recoverable amount and available amount. Where an agreement about the terms of the confiscation order is reached at the EROC meeting the prosecutor will communicate the details of the agreement to the court, which can either issue an order on the papers when a hearing is not required or hold a full confiscation hearing to address wider matters, for example, victim compensation, and issue an order reflecting those additional points. The normal exchange of information that is part of confiscation proceedings (i.e. sharing of POCA section 18, 16 and 17 statements) will take place in advance of an EROC meeting as per the timetable set by the court.
Where agreement between the parties cannot be reached at the EROC meeting an EROC hearing will take place. The parties will agree areas of disagreement to be settled by the court during the EROC meeting and the prosecutor will communicate these areas of disagreement to the court ahead of the hearing. An EROC hearing will also take place where the court decides not to make an order as per an agreement reached between the parties at an EROC meeting. The hearing will be used by the court to consider the next steps in the confiscation proceedings.
This process formalises the existing practice of agreeing confiscation orders prior to the confiscation hearing and is intended to allow for the fast tracking of agreed orders or the narrowing of issues in dispute, saving court time and reducing the need for protracted enforcement proceedings.