Scottish confiscation—process and procedure


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Corporate Crime expert
Practice notes
Scottish Law

Scottish confiscation—process and procedure


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Corporate Crime expert

Practice notes
Scottish Law
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STOP PRESS: this Practice Note is being updated to reflect the recent amendments to POCA 2002 brought in by Schedule 8 to the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023). Schedule 8 amended the Proceeds of Crime Act 2022 to make provisions in connection with cryptoassets and confiscation orders.

This Practice Note outlines the confiscation procedure contained in the Proceeds of Crime Act 2002 (POCA 2002), as it applies in Scotland.

Introduction to Scottish confiscation law and procedure

Confiscation refers to the process by which the accused’s financial benefit from crime is removed. The confiscation provisions contained within the Proceeds of Crime Act 2002 (POCA 2002) are designed to enable the seizure of the proceeds of crime to:

  1. •

    disincentivise criminal activity; and

  2. •

    prevent criminals retaining the proceeds of crime following conviction

This Practice Note is concerned with the confiscation process and procedure in Scotland. For the equivalent provisions that apply in England and Wales, see subtopic: Restraint and Confiscation.

Confiscation statutory framework

The statutory regime pertaining to confiscation is contained

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Confiscation order definition
What does Confiscation order mean?

An order that private property be taken into possession by the state.

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