Enforcement Of A Confiscation Order

Whenever a Confiscation Order is made, a period is set within which this should be paid, known as Time To Pay or TTP. Often six months is the initial period allowed. However, it is possible to apply for an extension to allow up to a maximum of 12months to pay an Order.

Also, whenever a Confiscation Order is made a ‘sentence in default’ is applied – this means that should you fail to satisfy your Confiscation Order in full a custodial sentence is imposed.

The standard default sentences are set out below (s139 Powers of Criminal Courts (Sentencing) Act 2000:

In cases where you are unable to pay the Confiscation Order, in full, it may be possible for you to apply for, what is commonly known as, a ‘Certificate of Inadequacy’. However, where such an application is rejected by the Court, or where you are unwilling to pay your Order the Prosecution and/or the Court’s Confiscation Unit will ask the Court to impose the default sentence period, this is known as enforcement.

Service of the default period does not expunge the Order – when you leave prison you will still need to pay your Confiscation Order. You should remember that once TTP has concluded interest starts to accrue, this is a very high rate of interest set by the Court (not the current Bank of England base rate for example). It is possible, albeit rare, for the Prosecution to complain to the Court of the unpaid interest and ask for another default sentence to be imposed.

Enforcement hearings are heard at the Magistrates’ Court. The Magistrates do not have the power to reduce the Confiscation Order, nor the default sentence. This is unless any monies have been paid off the Confiscation Order, in which case the sentences is reduced on a pro-rata basis.

If you or someone you know, have been made subject to a confiscation order, Contact Us immediately. We at Spartans Law understand that such orders can have a detrimental impact on your daily life and therefore we will leave no corner unturned to ensure you receive the best outcome possible. We have a great wealth of experience dealing with such matters. Contact us now for more information.