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Forfeiture of property following conviction

Published by a ��Ƶ Corporate Crime expert

Practice notes

Forfeiture of property following conviction

Published by a ��Ƶ Corporate Crime expert

Practice notes

The power of the court to order the forfeiture of property under the Sentencing Act 2020

The Sentencing Act 2020 (SA 2020), also known as the Sentencing Code, is the principal source of the court's power to order the forfeiture of property connected with the commission of a criminal offence. The order is known as a 'deprivation order' and can be made by the Crown Court or a magistrates' court in respect of any offence.

The procedure to be followed by the courts when making such orders is detailed in Practice Note: Restitution and deprivation orders.

Other statutory powers of forfeiture

Various statutes grant the courts the power to order the forfeiture of items following conviction for certain offences should the court consider it appropriate to do so. Practitioners should always check the individual statutory provision creating the offence on which they are advising in order to identify whether provision is made for the forfeiture of property in respect of the offence that it creates.

Examples of some of the most common statutes containing forfeiture

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Jurisdiction(s):

United Kingdom

Key definition:

Forfeiture definition

What does Forfeiture mean?

Forfeiture is the lost right to possession.

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