Are you worried about confiscation orders? You're not alone. Many people feel lost when facing these legal challenges. At Astons Law, we know this is a scary time for you. We're here to help make sense of what's happening and guide you through it step by step.

What is a Confiscation Order?

A confiscation order is a court demand that makes you pay money after a criminal conviction. The court looks at how much you gained from crime and orders you to pay that amount.

Think of it as the court saying: "You cannot keep money or things you got from breaking the law." The aim is to take away the profit from crime.

These orders come after you've been found guilty of a crime. They are separate from any fines or jail time you might get for the offense.

Why Courts Use Confiscation Orders

Courts use these orders to:

• Make sure crime doesn't pay
• Take back money gained from illegal acts
• Stop criminals from enjoying the benefits of their crimes
• Deter others from criminal activity

The court can order you to pay a sum of money even if you've already spent what you gained from the crime.

Types of Confiscation Orders Explained

There are two main types of confiscation orders you might face:

1. Criminal Lifestyle Cases

The court can decide you have a "criminal lifestyle" if:

• You were convicted of certain types of crimes like drug trafficking or money laundering
• You committed crimes over a period of time
• You gained at least £5,000 from the crime

If the court decides you have a criminal lifestyle, they can look at your finances from the last six years. They will assume any money or property you got during this time came from crime unless you can prove otherwise.

2. General Criminal Conduct

This applies when the court doesn't find you have a criminal lifestyle. They will only look at the benefit from the specific crimes you were convicted of.

For example, if you were convicted of stealing £10,000, the court will focus on getting that amount back.

How the Court Calculates What You Must Pay

The court follows these steps:

1. Calculates your benefit figure - This is how much they think you gained from crime
2. Determines your available amount - This is what you currently own or control
3. Sets the order amount - This will be the lower of the two figures above

Hidden Assets Warning

If the court believes you have hidden assets, they may order you to pay the full benefit amount, even if you claim to have less money available.

For example, if your benefit from crime was £100,000 but you say you only have £20,000 left, the court might still order you to pay the full £100,000 if they think you've hidden money.

What Happens in Confiscation Proceedings?

The Timeline You Can Expect

1. After conviction - The prosecution tells the court they want to start confiscation proceedings
2. First hearing - The court sets deadlines for both sides to provide financial information
3. Financial investigation - Investigators look closely at your money, property, and assets
4. Statement stage - You must respond to the prosecution's claims about your finances
5. Contested hearing - If you disagree with the prosecution, the court hears both sides
6. Final order - The court decides how much you must pay and by when

This process usually takes several months. The magistrates court handles simpler cases, while the Crown Court deals with more complex ones.

Restraint Orders - Freezing Your Assets

The court might freeze your assets early in the case with a restraint order. This stops you from selling or moving your property and money before the confiscation order is made.

A restraint order can:

• Freeze your bank accounts
• Prevent property sales
• Stop you from spending money except for basic living costs
• Apply to assets held overseas

Astons Law can help you apply to vary restraint orders if you need access to funds for living expenses or legal fees.

Serious Consequences if You Don't Pay

If you don't pay the ordered amount by the deadline:

• You face a default prison sentence (up to 14 years depending on the amount)
• The debt doesn't go away even after serving extra prison time
• Interest builds up on the unpaid amount
• Your assets can be seized and sold
• The order stays active until fully paid, even decades later

Example Case

John was ordered to pay £50,000 from drug trafficking profits. He couldn't pay by the deadline and served an extra 18 months in prison. Ten years later, when he inherited a house from his parents, the authorities took the house to pay his still-active confiscation order plus accumulated interest.

Fighting Against Unfair Confiscation Orders

How to Challenge the Benefit Figure

You can challenge how much the court says you benefited from crime by:

• Proving income came from legitimate sources
• Showing that property belonged to someone else
• Demonstrating that the prosecution's calculations are wrong
• Providing evidence of your true financial situation

Astons Law has successfully helped many clients reduce their benefit figures by gathering strong evidence of legitimate income.

Dealing with Tainted Gifts

A "tainted gift" is property or money you gave to someone else to hide it from confiscation. The court can include the value of these gifts in your available amount.

For example, if you gave your car to a family member shortly before your arrest, the court might count that car as still belonging to you.

We can help you prove transfers were genuine gifts for legitimate reasons and not attempts to hide assets.

Special Cases: Business Owners and Property

If You Own a Business

Confiscation orders can seriously affect your business. The court might:

• Include company assets in your available amount if you control the business
• Force the sale of business property to pay the order
• Look at money flowing through business accounts

At Astons Law, we understand how to protect legitimate business interests during confiscation proceedings. We work with forensic accountants to clearly separate personal and business assets.

Dealing with Jointly Owned Property

If you own property jointly with someone else (like your spouse), the court can still include it in your available amount. This can create difficult situations for innocent co-owners.

We can help by:

• Representing third parties affected by confiscation
• Making applications to protect the interests of innocent partners
• Negotiating practical solutions that satisfy the court while protecting family homes

How to Apply to the Crown Court for Changes

If your circumstances change after a confiscation order is made, you can ask the court to:

• Give you more time to pay
• Reduce the amount if assets have lost value through no fault of yours
• Release funds for specific essential expenses

You must apply to the Crown Court that made the order. These applications are complicated and need expert help to succeed.

How Astons Law Helps with Confiscation Orders

Our team has helped many clients facing confiscation proceedings. We offer:

• Early intervention - Getting involved early often leads to better outcomes
• Skilled negotiation - We can often reach agreements with prosecutors that avoid contested hearings
• Court representation - Strong advocacy at all court hearings
• Financial expertise - Working with forensic accountants to challenge benefit calculations
• Practical solutions - Finding ways to satisfy orders while minimizing impact on you and your family

Real Case Success Stories

• We helped reduce a client's benefit figure from £1.2 million to £200,000 by proving legitimate business income
• We secured payment terms of £500 per month for a client facing a large order
• We successfully appealed to the Court of Appeal when a lower court made errors in calculating available assets

Steps to Take if You're Facing a Confiscation Order

1. Get expert legal advice immediately - Contact Astons Law as soon as you know confiscation might be an issue
2. Gather financial documents - Collect bank statements, property deeds, business records, and tax returns
3. Be honest about your finances - Hiding information usually makes things worse
4. Consider your family's position - Think about how orders might affect joint assets
5. Don't transfer assets - Moving property to others often backfires

Remember, confiscation law is extremely complex. Even small mistakes can have serious consequences for your finances and freedom.