Time for Payment Under POCA: Section 11 Explained
Time for Payment Under POCA 2002: What Does Section 11 Say?
When a defendant is made subject to a confiscation order under the Proceeds of Crime Act 2002 (POCA), the next immediate question is often: “How long do they have to pay?” The answer lies in Section 11 of POCA 2002, titled “Time for Payment”.
This post breaks down the key rules in plain English, helping legal professionals, defendants, and those involved in criminal proceedings understand the confiscation order payment deadline and how payment periods under POCA can be extended.
What Is Section 11 POCA 2002?
Section 11 of the Proceeds of Crime Act 2002 sets out the rules on when a confiscation order must be paid. The general rule is simple:
The full amount must be paid on the day the order is made.
That’s right — the confiscation order payment deadline is the same day, unless the court agrees to an extension.
Can the Time for Payment Be Extended?
Yes. If the defendant cannot pay on the day, the court can allow additional time — but only if it is satisfied the defendant is genuinely unable to pay immediately. This is covered under subsection (2) of Section 11 POCA.
The court can either:
Set a specified period for payment, or
Break the payment into specified amounts, each with its own deadline.
How Long Is the Payment Period Under POCA?
The initial specified period must:
Start on the date of the confiscation order, and
Not exceed three months.
If the defendant still cannot pay despite reasonable efforts, they can apply to extend the payment period under subsection (4).
The maximum extension is:
Up to a total of six months from the date of the order.
This means that the maximum time for payment under POCA is six months, unless enforcement action is taken earlier.
How to Apply for an Extension
If a defendant needs more time to pay:
They must apply before or during the three-month period.
The Crown Court must be satisfied that they made all reasonable efforts to pay on time.
The extension can be granted after the initial deadline (i.e. retroactively), but no later than six months from the date the confiscation order was made.
Important: The prosecution must be given a chance to make representations before the court grants an extension.
Strategic Considerations
As a defence solicitor or legal representative:
Early communication with the court is key.
Ensure you have evidence of your client’s inability to pay and the steps they’ve taken to raise funds.
Be prepared to argue for staggered payments if appropriate, especially where assets may be realised over time.
Why the Payment Deadline Matters
Failure to pay on time can trigger:
Default sentences, which are additional prison terms,
Enforcement action, including the seizure of property,
And a serious impact on a defendant’s future liberty and financial standing.
That’s why understanding and managing the confiscation order time for payment is vital to any POCA defence strategy.
Final Thoughts
Section 11 POCA 2002 may seem straightforward, but it carries major consequences for defendants. If you're advising a client under a confiscation order, understanding the payment period under POCA, and how to seek an extension, is crucial.
