ANNEX B: OVERVIEW OF THE CONFISCATION PROCESS UNDER POCA 1. Confiscation 1.1 Basic concepts
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.