What Is a Section 22 Application?

It is a common misconception that once a Confiscation Order has been made, the matter is closed.

In many confiscation cases, the Available Amount is lower than the Benefit Figure, resulting in a Confiscation Order that is only partially satisfied at the time it is made. However, the unpaid balance (disparity) does not truly disappear.

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 in certain circumstances, including:

  • You have acquired new assets at some point since the making of the original Confiscation Order
  • Assets that were held at the time of the original proceedings, but had insufficient equity, have since increased in value and equity is now deemed to be available.

This means that historic Confiscation Orders can continue to expose individuals to further proceedings many years after the conclusion of the case, as there is no time limit for making a Section 22 Application.

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

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 payout, lottery or gambling winnings, or other financial awards.
  • Savings, investments or cryptocurrency.
  • Valuable assets such as vehicles, jewellery, watches or artwork.

Even assets acquired legitimately after your conviction, such as buying a home, building a successful business or receiving an inheritance, can all prompt a reassessment of your Confiscation Order.

What Happens During Section 22 Proceedings?

When Section 22 Proceedings are initiated, it is common for the prosecution to obtain a Restraint Order to preserve assets, pending the outcome of the application. This can prevent you from selling, transferring or otherwise dealing with the restrained assets while the case is ongoing. Restraint Orders are typically 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 and can come as a great shock, as well as creating significant financial hardship and uncertainty.

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

What Are the Risks?

If a Section 22 Application is successful, the court will increase the amount you have to pay under your existing Confiscation Order, resulting in assets having to be sold or refinanced to satisfy the revised Order. In some cases, jointly owned assets or family homes can be affected.

In many cases, assets that have been built up legitimately over time – through employment, business activity, or careful financial planning – may need to be realised. This can be particularly difficult where there has been a genuine effort to rebuild financially following the original case.

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 funding is available for Section 22 Applications.

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.