# Proceeds of crime: POCA confiscation overview

> **Key takeaway:** POCA Part 2 confiscation after conviction: lifestyle, benefit, available amount. Assumptions if lifestyle. Waya proportionality. Part 7 money laundering; Part 5 civil recovery. Restraint freezes assets. Highly technical — specialist input.

- **Jurisdiction:** England & Wales
- **Practice area:** Criminal
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/Criminal/proceeds-of-crime-overview
- **Keywords:** POCA, confiscation, proceeds of crime, criminal lifestyle, money laundering, Waya, restraint order, civil recovery

## What is this about?

The Proceeds of Crime Act 2002 provides confiscation after conviction, civil recovery, and money-laundering offences. Confiscation aims to deprive defendants of benefit from criminal conduct under a structured statutory scheme that is notoriously technical.

## What is the core rule?

Following conviction for an offence in the Crown Court (and certain other cases), the court must consider confiscation if the prosecutor asks or the court believes it appropriate (POCA Part 2). The court decides whether the defendant has a criminal lifestyle, calculates benefit, and makes a recoverable amount order not exceeding available assets, subject to statutory assumptions in lifestyle cases. Default sentences incentivise payment. Money-laundering offences (Part 7) criminalise concealing, arranging, acquiring, and failing to disclose in the regulated sector. Civil recovery (Part 5) allows non-conviction-based asset recovery to a civil standard.

## What are the elements or test?

1. Conviction trigger and prosecutor application?
2. Criminal lifestyle or particular criminal conduct?
3. Benefit calculation and available amount?
4. Time to pay / default term?
5. Parallel restraint order needed?
6. Money-laundering or civil recovery alternative/additional?

## Which authorities matter?

- **Proceeds of Crime Act 2002 (Parts 2, 5, 7)** — Confiscation, civil recovery, and money-laundering framework.
- **R v Waya [2012] UKSC 51, [2013] 1 AC 294** — Supreme Court on proportionate confiscation and human-rights constraints on benefit calculation.
- **R v Ahmad; R v Fields [2014] UKSC 36, [2015] AC 299** — Supreme Court on apportionment of benefit among co-defendants.

## How does this apply in practice?

Specialist confiscation counsel is often essential. Restraint orders freeze assets pre-conviction. Legal aid and enforcement (receivers) have distinct practice. Not a full SARs/MLRO compliance manual for the regulated sector.

## What are common pitfalls?

- Ignoring lifestyle assumptions until too late
- Failing to evidence available amount properly
- Disproportionate benefit figures post-Waya
- Missing interaction with compensation orders

## When would a practitioner use this?

Post-conviction financial orders; restraint strategy; money-laundering charging advice.

## Quick reference

POCA Part 2 confiscation after conviction: lifestyle, benefit, available amount. Assumptions if lifestyle. Waya proportionality. Part 7 money laundering; Part 5 civil recovery. Restraint freezes assets. Highly technical — specialist input.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*