Crime and Policing Act 2026 - POCA Part 2: principal objective
Published 29 June 2026
© Crown copyright 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 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.
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.
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.
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)).
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.