New POCA Confiscation Rules: What the Crime & Policing Act 2026 Means for You

In the year ending March 2024, authorities recovered £243.3 million in criminal assets using powers under the Proceeds of Crime Act 2002 (POCA), including through confiscation, forfeiture and civil recovery orders. As the Government continues to prioritise the recovery of criminal assets, it has introduced the most significant reforms to POCA confiscation proceedings in more than 20 years. Contained in the Crime & Policing Act 2026, the changes are intended to speed up cases, improve efficiency and strengthen the asset recovery regime — but they could also affect many more people facing criminal proceedings.

What does POCA mean?

POCA refers to the legislation that gives authorities the power to recover money and assets obtained through criminal conduct. For example, someone who commits fraud and gets £10,000 can be expected to have to pay back £10,000. One of the key new reforms explains that the aim is to deprive the defendant of their benefits from crime.

So, what is new, and how does it affect me?

• One of the most significant changes is that it will now be easier for prosecutors to argue that someone has a “criminal lifestyle”. Previously, this usually required three qualifying offences; the new law reduces that threshold to two, meaning the rules that allow courts to make assumptions about a person’s finances may apply in a wider range of cases.
• Courts will have greater flexibility when deciding how much someone should pay under a confiscation order. If applying the rules in full would be unfair, judges can now reduce the assessed criminal benefit-even to £O in appropriate cases. The legislation also places greater emphasis on ensuring confiscation orders reflect what a person can realistically afford.
• The reforms also aim to make confiscation proceedings quicker. Judges must now set a timetable at the point of sentencing, replacing the previous system where cases could be postponed for lengthy periods. The hope is that victims, defendants and the courts will all benefit from faster resolutions.
• Another key change encourages cases to be settled before a full court hearing. Where the prosecution and defence can agree issues such as the value of criminal benefit or the amount available to pay, a confiscation order may be approved without the need for a contested hearing.
• The Act updates the rules on restraint orders, which are used to freeze assets while a case is ongoing. New statutory tests are intended to make these decisions more consistent while providing clearer protections for legitimate living expenses and legal costs.