How does a confiscation order work?

27 Feb
2018

Many people who have lost money due to a crime like a theft, cheating or burglary would like to recover the money which they have lost as the money which they have lost is substantial. In such cases they will consult a lawyer, who will tell them that they will require a confiscation order from the crown court or district magistrate court, which will help them recover the money which they have lost from the person who is accused of the crime. The person who has lost money due to the crime would like to find out how does a confiscation order work? This will ensure that he or she complies with the relevant legal formalities.

The 1994 Drug Trafficking Act abbreviated as DTA and sections of the Criminal Justice Act (CJA) of 1988 give the crown court the power to issue confiscation orders to the person or persons who is accused of the crime. In some cases, the magistrates court also has limited powers to issue a confiscation order. The confiscation order will ask the person accused of the crime, to compensate the victim, by ordering him or her to pay a specific amount as compensation for the crime, so that the person accused does not benefit financially from the crime. This is to ensure that people are discouraged from committing crimes, as their gains will be confiscated.

A confiscation order is different from a forfeiture order of the court , as the defendant accused of the crime, does not lose the title to his or her assets. Instead the defendant only has to deposit a specified amount with the court which is like a fine. Usually when the court will make a confiscation order, it will not be able to make a forfeiture order. The defendant may appeal against the confiscation order and get it reduced, so it is important for the defendant to know how does a confiscation order work? In case there is an injunction freezing the assets, a confiscation order is unlikely.

After the defendant is convicted under the provision of DTA, an oral application may be made to the court for an order to confiscate and all the drug trafficking cases are considered for the order. In case of crimes under the CJA, the benefit from the criminal activity are considered for deciding the value of the order for confiscation. So if a person, his family member, relative or friend is facing a case in the court of law, it is important that the defendant and his associates, understand how does a confiscation order work?, and make the necessary arrangements, financially and otherwise.