ANNEX B: OVERVIEW OF THE CONFISCATION PROCESS UNDER POCA 1. Confiscation 1.3 Obtaining an order
Under POCA, the confiscation procedure is mandatory and the court must proceed to confiscation if the defendant:
	is convicted of an offence or offences (from which they have benefited) in proceedings before the Crown Court,
	is convicted of an offence or offences (from which they have benefited) in proceedings before a magistrates’ court and is committed to the Crown Court for sentencing, or
	is convicted of an offence or offences in proceedings before a magistrates’ court and is committed to the Crown Court with a view to a confiscation order being made,
and the court is asked to proceed by the prosecutor or the court believes it is appropriate to do so.
The Crown Court is under a duty to proceed with confiscation unless the court believes that a victim has begun, or intends to begin, civil proceedings against the defendant, in which case the Court has discretion to determine whether or not to proceed.