Q&As

When a defendant has been convicted in criminal proceedings and confiscation proceedings are being pursued against them, and the defendant is both a trustee and a secondary beneficiary of a lifetime discretionary trust over real property, to what extent may the trust property form part of the realisable assets for the purposes of confiscation?

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Published by a LexisNexis Corporate Crime expert
Published on: 07 March 2018
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This Q&A refers to confiscation proceedings being brought by the CPS in the Crown Court against the son and we have focussed on confiscation as opposed to civil recovery proceedings.

Confiscation process

A Confiscation order deprives a Defendant of the benefit they gained from their Criminal conduct. A confiscation order does not itself confiscate any property but, instead, requires the offender to pay over a sum of money representing the value of the benefit received. A confiscation order can only be made in the Crown Court and the circumstances in which an order can be made are set out in the regime imposed by the Proceeds of Crime Act 2002 (POCA 2002).

For information on when a confiscation order can be made and confiscation procedure, see Practice Note:

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Jurisdiction(s):
United Kingdom
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Key definition:
Defendant definition
What does Defendant mean?

A person against whom a claim is brought.

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