CPS Prosecution Guidance: Proceeds of Crime
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 It may omit detail or fall out of date.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 procedures and legal principles related to confiscation, restraint orders, and assets recovery under the Proceeds of Crime Act 2002. It highlights the roles and responsibilities of Crown Prosecution Service (CPS) prosecutors, details conditions for restraint orders, and explains the processes for making and enforcing confiscation orders. The guidance includes considerations for the assessment of benefits from criminal conduct and provides key insights into the enforcement mechanisms available for asset recovery.
Key points
- Confiscation aims to deprive criminals of profits from crime.
- A restraint order can be applied for at any stage of a criminal proceeding.
- Crown Court must ensure confiscation orders are proportionate to the defendant's benefits.
- Prosecutors should seek recovery of assets even when criminal proceedings are ongoing.
- Civil recovery powers can be considered alongside criminal charges to recover assets.
Public-interest factors
- Deterrence of criminal behaviour.
- Protection of the public from crime-related profits.
- Enhancement of enforcement against economic crime.
- Ensuring criminals do not benefit from crime.
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.