Disclosure Manual: Chapter 21 - Disclosure in confiscation proceedings
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This guidance outlines the duties of disclosure by the Crown Prosecution Service (CPS) in confiscation proceedings under the Proceeds of Crime Act 2002. It specifies the obligations regarding the handling of unused material and the requirements for prosecutors to ensure fairness throughout the process. Key aspects include the need for thorough disclosure in applications for Restraint Orders and Confiscation Orders, as well as the ongoing nature of disclosure obligations.
Key points
- Prosecution must disclose material affecting court discretion.
- Disclosure obligations continue throughout the case and any appeals.
- Prosecutors should avoid a 'box-ticking exercise' in disclosure.
- Sensitive material requires specific handling procedures.
- CPS POCD is responsible for restraining orders and confiscations.
Public-interest factors
- Ensuring fairness in judicial proceedings.
- Transparency in criminal investigations.
- Protecting sensitive information.
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.