Variation of Confiscation Orders (Section 23 Applications) and Enforcement Proceedings

If you are struggling to pay a Confiscation Order, or your financial circumstances have changed since it was made, you may be able to ask the court to review it.

Confiscation Orders can have serious, long-term financial and personal consequences. When circumstances change, or when enforcement action is being pursued, it is critical to act quickly and obtain specialist legal advice.

At Ison Harrison, we provide specialist advice on Confiscation Orders made under the Proceeds of Crime Act 2002 (POCA). Whether you need to make a Section 23 Application to vary a Confiscation Order, or need legal representation during Enforcement Proceedings, our experienced POCA Team is here to help.

Can a Confiscation Order Be Changed?

In some circumstances, the court can reconsider the amount that remains payable under a Confiscation Order. This is known as a Section 23 Application.

You may be able to apply if the available amount was overvalued or calculated incorrectly, or assets that were expected to be used to pay the Confiscation Order are no longer available.

Every case is different, and a successful application depends on careful preparation, detailed financial evidence and specialist legal advice.

It’s important not to delay. The longer a Confiscation Order remains unpaid, the more interest you may have to pay and the greater the risk of enforcement action.

What Happens if You Cannot Pay?

If a Confiscation Order is not paid within the time allowed, the court can begin Enforcement Proceedings.

Confiscation Orders are made in the Crown Court, however enforcement is usually dealt with by the Magistrates’ Court. The court will look at why payment has not been made, review your financial circumstances and decide what action is appropriate.

Depending on the circumstances, enforcement action may include:

  • The appointment of an Enforcement Receiver to take control of and sell assets, which can include the family home in some cases.
  • Activate a prison sentence if the court decides you have deliberately refused to pay or have failed to pay when you were able to do so.

In many cases, a Section 23 requirement and Enforcement Proceedings run alongside one another. Questions about the value of available assets or your ability to pay often become central to both.

Our POCA Team regularly advises on both Section 23 Applications and Enforcement Proceedings. We’ll explain your options, assess whether a Section 23 Application is appropriate, prepare your case carefully and represent you throughout the process.

Legal Aid for POCA Matters

Legal aid is available for Section 23 Applications and Enforcement Proceedings, although eligibility for enforcement matters is subject to a financial means assessment.

We can advise you on whether you qualify for legal aid and guide you through the application process where funding is available.

Contact Our POCA Team

If you need advice about varying a Confiscation Order or responding to Enforcement Proceedings, contact Ison Harrison Solicitors today.

Our specialist POCA Team will explain your options clearly, provide practical advice tailored to your circumstances and represent you throughout the process, helping you achieve the best possible outcome.

Call 0113 224 7825, or email poca@isonharrison.co.uk for a no obligation consultation.