Default Sentence for Confiscation Orders
When a Confiscation Order is made against you in the Crown Court, the judge will specify a default sentence.
What is a Default Sentence?
A default sentence is a prison sentence that you may be required to serve if you fail to satisfy the Confiscation Order on time.
The length of the default sentence is based on the recoverable amount, i.e. the amount you have been ordered to pay, but the Judge is able to specify any length of sentence up to the relevant maximum and is encouraged to use discretion and not blindly impose the maximum.
The maximum sentences for defaults before 1 June 2015 are:
|
An amount not exceeding £200 |
7 days |
|
An amount exceeding £200 but not exceeding £500 |
14 days |
|
An amount exceeding £500 but not exceeding £1,000 |
28 days |
|
An amount exceeding £1,000 but not exceeding £2,500 |
45 days |
|
An amount exceeding £2,500 but not exceeding £5,000 |
3 months |
|
An amount exceeding £5,000 but not exceeding £10,000 |
6 months |
|
An amount exceeding £10,000 but not exceeding £20,000 |
12 months |
|
An amount exceeding £20,000 but not exceeding £50,000 |
18 months |
|
An amount exceeding £50,000 but not exceeding £100,000 |
2 years |
|
An amount exceeding £100,000 but not exceeding £250,000 |
3 years |
|
An amount exceeding £250,000 but not exceeding £1 million |
5 years |
|
An amount exceeding £1 million |
10 years |
The maximum sentences for defaults on or after 1 June 2015 are:
|
An amount not exceeding £10,000 |
6 months |
|
An amount exceeding £10,000 but not exceeding £500,000 |
5 years |
|
An amount exceeding £500,000 but not exceeding £1,000,000 |
7 years |
|
An amount exceeding £1 million |
14 years |
For defaults on or after 1 June 2015 where the amount is more than £10 million, there will be no standard provision allowing early release after serving half of the sentence.
What Happens After a Default Sentence is Served?
After you serve the default prison sentence, the amount outstanding under the Confiscation Order remains due. The default sentence is not an alternative to paying that figure.
Can I Appeal Against The Length of a Default Sentence?
Yes.
Since Judges are expressly encouraged to consider the full circumstances of each case, there are often grounds to Appeal where a Judge imposes the relevant maximum default sentence.
There may be ways of avoiding a prison sentencing for defaulting on a confiscation order. If you would like to discuss this topic further with a specialist Confiscation Order lawyer who fully understands default sentences, call our team now on 01623 397200.
