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Proceeds of Crime Act POCA
If you face investigation or enforcement under the Proceeds of Crime Act (“POCA”), you must act quickly. At Powell Spencer & Partners our specialist criminal defence team advises individuals and businesses on all facets of POCA – confiscation orders, restraint orders, asset-freezing, and money-laundering.
What Is the Proceeds of Crime Act & Why It Matters
The Proceeds of Crime Act 2002 (POCA) provides law enforcement and prosecutors with powerful tools to deny benefit from criminal conduct, enforce confiscation orders, freeze and recover assets, and target money-laundering.
Key features include:
Confiscation Orders: Following a conviction, the court may order the defendant to pay a sum representing the benefit obtained from crime.
Restraint & Freezing Orders: Before conviction, assets may be restrained to prevent dissipation of funds.
Civil Recovery: Where no conviction has been secured, authorities can still recover assets via civil proceedings.
Money-Laundering Offences: POCA also covers offences of concealing, using or arranging criminal property.
Because of these wide powers, investigations under POCA can have serious financial, reputational and personal consequences.
Why Choose Powell Spencer & Partners for POCA & Asset Recovery Defence?
Our London-based solicitors specialise in confiscation and POCA defence, combining technical expertise with strategic courtroom experience.
We act swiftly – early legal advice improves your chance of influencing restraint orders, disclosure demands and minimising damage.
We offer full-service support: from police/responsible agency interview at investigation stage, through bail, hearing, confiscation, to enforcement, appeals and post-order mitigation.
Whether you are an individual, a company director, a business entity or associated with a complex international structure, we tailor our advice to your position.
Transparent funding: we assess legal aid eligibility or provide clear private-fee alternatives so you understand your costs from the start.
Our POCA & Asset Recovery Defence Services
Restraint & Freezing Order Strategy
We advise if your assets have been frozen or may be at risk of restraint orders, help intervene at early hearings, review law-ful ownership of assets and advise on third-party claims and exemptions.
Confiscation Order Defence
If you have been convicted or expect a confiscation hearing, we work on benefit and available amount calculations, challenge assumptions, gather evidence of liabilities, advise on settlement offers and make representation for reduction.
Money-Laundering Defence & Ancillary Work
Our team advises on offences of possessing, using or arranging criminal property, tackling disclosure demands, investigating deep structure of assets, and preparing defences for money-laundering charges under POCA.
Post-Order & Enforcement Advice
If a confiscation order is made or assets recovered, we support you with appeals, variation applications, negotiating payment plans, advising on how orders affect bankruptcy, company law, tax consequences and ongoing business risk.
Key Considerations & What You Should Know
Early engagement is critical: Once an investigation under POCA begins, powers like restraint orders and production orders activate. Specialist advice at this stage is vital.
High financial and personal stakes: Confiscation orders can amount to hundreds of thousands or millions of pounds; failure to pay may lead to further imprisonment.
Complex calculations: Benefit figures and available amounts are technical, and the prosecution may employ assumptions if your accounts are unclear.
Impact on business & reputation: Beyond criminal liability, POCA cases may threaten company operations, regulatory risk, directorship disqualification and reputational harm.
Funding & cost issues: POCA cases are typically complex, lengthy and costly; determine funding routes early and ensure costs are managed.
Process & What Happens With Your Case
Initial consultation – We review your situation: investigation stage, assets seized/at risk, likely exposure, funding eligibility.
Strategy development – We map out defence or mitigation, gather financial evidence/expert reports, liaise with counsel and agencies.
Representation & negotiation – We represent you in restraint hearings, confiscation hearings or civil proceedings, negotiate with prosecutors and authorities, attend court hearings.
Resolution & follow-up – After a settlement, confiscation order, or civil recovery outcome we advise on compliance, payment plans, appeals and future risk management.
We provide transparent estimates of cost, time and likely options from the outset depending on complexity.
Contact Our POCA & Asset Recovery Defence Team – London If you are under investigation, have been charged, or worry that your assets are at risk under the Proceeds of Crime Act, contact us today. Early advice can protect your finances, business and future.Powell Spencer & Partners – expert defence in POCA and confiscation.
FAQs – Proceeds of Crime Act & Asset Recovery UK
Q: What is a confiscation order under POCA?
A: After a conviction, a court order requiring a person to pay a sum equivalent to the benefit obtained from criminal conduct or the amount they still have available.
Q: Can my assets be frozen even if I’m not convicted?
A: Yes – restraint orders and civil recovery powers allow asset seizure or freezing without a criminal conviction.
Q: How much can I be ordered to pay?
A: The amount is typically based on the “benefit” from crime and your “available amount” of assets; failure to pay may lead to prison.
Q: Can I challenge a confiscation order?
A: Yes – you can apply for variation, appeal or argue liabilities/ deductions to reduce the amount. Expert representation is strongly advised
Q: Does POCA apply to business and individuals?
A: Yes – individuals, companies, partnerships and directors may all be the subject of POCA proceedings.