Confiscation is the process used by the courts to take away the proceeds of criminal conduct. The trigger that sets this process in motion is a conviction for a criminal offence (or offences) from which the defendant has benefited. A confiscation order will be made against the defendant for a sum of money, not specific property.  A confiscation order can presently only be made by the Crown Court, although there are provisions in SOCPA for the Secretary of State,  by order, to make provision that would enable a magistrates’ court in England and Wales to make a confiscation order.
ANNEX B: OVERVIEW OF THE CONFISCATION PROCESS UNDER POCA 1. Confiscation 1.1 Basic concepts