New provisions under the Crime and Policing Act 2026 are set to strengthen the UK's ability to seize assets from convicted criminals. The Act, which came into force recently, introduces reforms to the criminal confiscation regime, specifically targeting Part 2 of the Proceeds of Crime Act (POCA). These changes are outlined in detail within Circular 010/2026, issued to relevant authorities across the country.
The primary objective of these reforms is to make it more difficult for individuals to profit from illegal activities. By enhancing the powers available for criminal confiscation, law enforcement agencies and prosecutors will have additional tools to pursue and recover money and assets acquired through crime. This move is a direct response to ongoing efforts to disrupt organised crime and ensure that crime does not pay.
Historically, the confiscation of criminal assets has been a complex process, often facing legal challenges and delays. While the specific details of the amendments in Circular 010/2026 are extensive, the overarching aim is to streamline procedures, clarify legal ambiguities, and ultimately increase the amount of illicit wealth recovered. This could involve adjustments to how restraint orders are issued and enforced, as well as modifications to the calculation of a defendant's 'benefit from criminal conduct'.
The impact of these legislative changes is expected to be far-reaching, affecting how criminal investigations are conducted and how cases involving financial crime are prosecuted. Authorities will need to adapt to the new framework, ensuring they are fully equipped to utilise the enhanced powers effectively. Training and updated guidance will be crucial for police forces, the Crown Prosecution Service, and other agencies involved in asset recovery.
These reforms underscore the government's commitment to tackling serious and organised crime by targeting the financial incentives that drive it. By making it harder for criminals to retain the proceeds of their illegal activities, the Act aims to create a more robust deterrent and contribute to a safer society.