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When someone is accused of benefiting financially from criminal activity, the authorities can take action under the Proceeds of Crime Act 2002 (POCA). These proceedings can be stressful, intrusive and financially devastating — often running alongside or after a criminal case.
At IMD Solicitors, we help clients facing POCA investigations, restraint orders and confiscation proceedings. Below, we explain in simple terms what POCA is, why early legal advice is essential, and how we can help protect you, your assets and your future.
What Are POCA Proceedings?
The Proceeds of Crime Act 2002 gives authorities wide powers to recover assets believed to be gained from criminal conduct. The process includes:
Confiscation Proceedings
After a conviction, the Crown Court can investigate the financial benefit a defendant allegedly gained from criminal activity and order repayment. These confiscation orders are a key tool used to deprive offenders of criminal profits and deter future offending.
The court assesses the “benefit” figure and determines the recoverable amount, which the defendant must pay — often under strict deadlines. If not paid, the court can impose a default prison sentence and continue enforcement afterwards.
Restraint Orders
A restraint order can be issued at an early stage to freeze assets and prevent their disposal while a criminal investigation is ongoing. These orders are used when there is a real risk that assets may be hidden or dissipated.
Recent Reforms
The Crime and Policing Bill 2025–2026 proposes major reforms, including measures to strengthen confiscation enforcement, speed up proceedings, and give courts broader powers to make realistic and proportionate orders. It also aims to increase the recovery of assets and returns to victims.
How Serious Are POCA Proceedings?
POCA proceedings are extremely serious. They can affect:
- Homes, savings, vehicles and business assets — these can be frozen or seized.
- Family members and partners, especially where joint assets are involved.
- Future earnings, which may be subject to enforcement if the available amount does not cover the order.
- Personal liberty, as failure to pay can result in imprisonment.
The process can also continue long after the criminal case ends, including reconsideration applications and repeated enforcement action.
Why You Need Legal Representation
Facing POCA proceedings without expert guidance is risky. These cases are complex because:
- They involve detailed financial investigations, often going back many years.
- Prosecutors can apply “criminal lifestyle” assumptions, inflating the alleged benefit.
- Joint assets, family money or legitimate income can be wrongly treated as criminal benefit.
- Restraint orders can severely restrict your ability to pay bills or run a business.
- A serious error in your response can dramatically increase the final amount.
Reforms currently underway aim to make enforcement tougher and faster, which increases the importance of early legal advice.
Without skilled representation, you risk losing far more than necessary — or losing everything.
How IMD Solicitors Can Help
We understand how overwhelming and intrusive POCA proceedings can be. Our experienced criminal defence team offers:
✔ Early Advice During Investigation
If you have been notified of a restraint order or are under investigation, we act quickly to challenge inappropriate restrictions and protect your assets.
✔ Strong Defence in Confiscation Proceedings
We analyse financial evidence, challenge incorrect benefit calculations, and identify legitimate sources of income. We also negotiate with prosecutors to reduce unrealistic figures.
✔ Court Representation
We work with specialist POCA barristers to present your case effectively, ensuring the court hears the full context and your interests are protected at every stage.
✔ Support with Enforcement and Variation Applications
Whether you need more time to pay, a reduction of the order, or help appealing an unfair decision, we guide you through each step.
✔ Sensitive, Practical Approach
We understand the stress POCA proceedings cause. Our team provides clear advice, confidentiality and unwavering support.
Facing POCA Proceedings? Contact Us Today
If you are dealing with restraint orders, confiscation proceedings, or financial investigations under POCA, early legal advice can make all the difference.
Our multi‑jurisdictional criminal defence team is here to help.
Call us on: 0330 107 0107 or 0730 550 0824 between 9:00 a.m. and 8:00 p.m., or request a call back.
This article provides a general overview of the issues that may arise in connection with international estates. It does not constitute legal advice and should not be relied upon as such. Specific advice should always be sought based on individual circumstances.