It is a common misconception that once a Confiscation Order has been made and a criminal case has ended, the matter is closed. However, under Section 22 of the Proceeds of Crime Act 2002 (POCA), the prosecution can apply to increase the amount payable under an existing Confiscation Order if your financial circumstances change.

This means a Confiscation Order can remain relevant for many years after your original case. If new assets are discovered or you acquire assets in the future, you may face further POCA proceedings.

Our specialist POCA team advises clients facing Section 22 Applications, helping them understand their rights and respond appropriately.

What Is a Section 22 Application?

When a Confiscation Order is first made, the amount you are required to pay may be limited by the assets available at that time, even if the court decides you benefited from criminal conduct to a much higher value.

If your financial position later improves, the prosecution can ask the court to reconsider the amount available to pay. This is known as a Section 22 Application.

Unlike many other legal proceedings, there is no time limit for bringing a Section 22 Application. It is therefore possible to face further confiscation proceedings many years after your original case.

When Can a Section 22 Application Be Made?

A Section 22 Application may be brought if the prosecution believes that additional assets are now available to pay your Confiscation Order.

This could include:

  • Equity in property that has increased or become available.
  • An inheritance, pension lump sum, insurance payment or other financial award.
  • Savings, investments or cryptocurrency acquired since your original case.
  • Valuable assets such as vehicles, jewellery, watches or artwork.
  • Assets that were previously unavailable but can now be used to satisfy the Confiscation Order.

Even assets acquired legitimately after your conviction, such as buying a home, building a successful business or receiving an inheritance, can be taken into account when reassessing your Confiscation Order.

What Happens During Section 22 Proceedings?

In many cases, the prosecution will apply for a Restraint Order at the same time as a Section 22 Application. This can prevent you from selling, transferring or otherwise dealing with certain assets while the case is ongoing. It is often made without notice, meaning you may not know about it until after it has been granted.

For many people, receiving a Restraint Order is the first indication that new proceedings have been started. It can affect access to bank accounts, property and other assets, creating immediate financial uncertainty.

Our experienced POCA team can advise you from the outset, explain what the proceedings mean and represent you throughout the process.

What Are the Risks?

If a Section 22 Application is successful, the court may increase the amount you have to pay under your existing Confiscation Order.

This could result in assets having to be sold to meet the revised order, including property, savings, investments or other valuable possessions. In some cases, jointly owned assets or family homes may also be affected.

If the revised Confiscation Order is not paid, the court has a range of enforcement powers, including charging interest on the outstanding amount, appointing Enforcement Receivers to sell assets and, in some cases, imposing a default prison sentence.

Because these proceedings can affect both your finances and your family’s security, it is important to seek specialist legal advice as soon as possible.

Legal Aid for Section 22 Applications

Legal aid is available for many Section 22 Applications, particularly where a Restraint Order has been made.

If your previous POCA case was funded by legal aid, it may also be possible to transfer your existing legal aid certificate to Ison Harrison. Where appropriate, we will deal with the application on your behalf and guide you through the process.

Contact Our POCA Team

If you have received a Section 22 Application, a Restraint Order or are concerned that your Confiscation Order may be reviewed, contact Ison Harrison Solicitors today.

Our specialist POCA team will explain your options, provide clear, practical advice and represent you throughout the proceedings, helping you protect your interests and achieve the best possible outcome.

For a no obligation consultation, call us on 0113 224 7825 or email poca@isonharrison.co.uk.