
The Crime and Policing Act 2026 introduces significant reforms to the confiscation regime under the Proceeds of Crime Act 2002 (POCA), with important implications for practitioners involved in confiscation and related costs proceedings.
The changes are designed to make confiscation proceedings more efficient, improve the enforcement of confiscation orders and ensure that orders more accurately reflect the proceeds available to be recovered. The reforms include new provisions around the calculation of benefit, hidden assets, restraint, enforcement and the timing of confiscation proceedings.
For practitioners, understanding what has changed, when the changes take effect and how the new provisions will operate in practice will be essential.
In a detailed new note, Richard Beynon examines the key provisions affecting confiscation proceedings and related costs proceedings.
Richard’s analysis provides a practical guide to the reforms, setting out:
- the relevant provisions of the Crime and Policing Act 2026;
- where the legislation has changed the existing POCA framework;
- the dates on which the changes come into force; and
- the practical effect and significance of the reforms for practitioners.
Among the changes is a new approach to the timetabling of confiscation proceedings. The court must now draw up a timetable before the end of the sentencing hearing, including deadlines for the exchange of information and, where appropriate, provision for an early resolution meeting. The reforms are intended to bring greater clarity and encourage the more timely resolution of confiscation proceedings.
The Act also introduces early resolution procedures, changes to the approach to calculating a defendant’s benefit from criminal conduct, provisions addressing hidden assets, and new mechanisms intended to strengthen the enforcement of confiscation orders.
With several of these reforms now in force, Richard’s note offers a timely opportunity for practitioners to understand the new framework and consider its practical implications for current and future cases.
To read the full note on the Crime and Policing Act 2026 and its impact on confiscation and related costs proceedings please see here: Confiscation-Changes-in-Crime-and-Policing-Act-by-Richard-Beynon
