On 7th November, the Law Commission announced that confiscation laws will be reviewed to ensure they’re effectively depriving convicted offenders of their ill-gotten gains. The Law Commission has been asked to consider ways in which to improve the law on confiscation. In particular it will examine:
- the challenges in effectively preventing the dissipation of criminal assets;
- the irregular compensation of victims in confiscation proceedings;
- the frequent imposition of unrealistic confiscation orders; and
- the ineffective incentives and sanctions of the confiscation regime.
The review will consider improvements to the existing law and what an optimal confiscation regime would look like. It will ask to what extent does the law achieve its objectives and provide the most effective way of confiscating criminal assets?