The Crime and Policing Act 2026 brings in some of the most significant changes to confiscation proceedings under the Proceeds of Crime Act 2002 (POCA) in more than 20 years.

The aim of the reforms is to make confiscation proceedings fairer and more efficient, while ensuring offenders do not benefit from criminal conduct.

A New Focus on Criminal Benefit

One of the key changes is the introduction of a clearer objective for confiscation proceedings.

The legislation now confirms that the purpose of confiscation is to remove the benefit a defendant has obtained from criminal conduct, within their available means.

This marks a move away from the view that confiscation proceedings were mainly focused on securing the highest possible order, even where that did not accurately reflect the defendant’s actual gain.

Changes to Criminal Lifestyle Rules

Under POCA, defendants found to have a criminal lifestyle may be subject to assumptions that certain assets, spending and property are connected to criminal activity. These assumptions can increase the value of a confiscation order.

The main changes include:

  • Prosecutors can decide whether to pursue a criminal lifestyle finding.

  • Courts must consider whether applying the assumptions could create a serious risk of injustice.

  • The threshold for triggering the scheme has been lowered from three qualifying offences to two.

  • Additional offences, including certain environmental offences, have been added to the criminal lifestyle provisions.

New Powers for the Courts

The changes also give courts more flexibility when calculating criminal benefit.

For example, courts can reduce the value treated as criminal benefit where applying the full value would be unfair. This may be particularly relevant where a defendant had limited control over criminal property.

The Act also formally recognises hidden asset determinations and updates the valuation rules for property, cryptocurrency and foreign currency.

A More Structured Process

The 2026 reforms are not limited to how criminal benefit is calculated.

Courts must now set a formal timetable for confiscation proceedings at sentencing, including deadlines for evidence, responses and hearings. This is intended to reduce delays and improve case management.

The Act also introduces a new Early Resolution of Confiscation (EROC) process, which encourages prosecutors and defendants to resolve financial disputes at an earlier stage and avoid lengthy hearings where possible.

Changes to Restraint Orders

Restraint orders, which freeze assets while confiscation proceedings are ongoing, have also been updated.

The legislation gives courts clearer guidance on assessing the risk of assets being moved or hidden, as well as applications relating to legal expenses, living expenses and whether restraint is still needed after conviction.

These changes are intended to make restraint order decisions more consistent.

How Can Farleys Help?

Confiscation proceedings can be complex, and the changes introduced by the Crime and Policing Act 2026 are likely to affect how POCA cases are investigated, prepared and argued.

Whether you are facing confiscation proceedings, have concerns about a restraint order, or need advice on criminal benefit calculations, Farleys’ experienced Criminal Defence team can help.

To discuss your situation, contact Farleys on 01254 606008 or complete our online enquiry form and a member of the team will be in touch.