‘Unless You Win the Lottery’ - Exposing the True Nature of Revisits Under POCA 2002 s22 & s23

Introduction

For the first fifteen years after the coming into force of POCA 2002, there was a tacit understanding that a revisit of an Available Amount set under a Confiscation order would only occur in the event of a respondent receiving a large windfall - the stereotypical lottery win.

This, hindsight suggests, was based solely on Police procedure and had no grounding in law. The past decade has seen the introduction of cold case units setting out to rake over unpaid Benefit Figure and seek methods to recoup that by reopening the Available Amount set in historic Confiscation Orders.

This webinar will set out what exactly the statue does permit by way of a revisit, and also the caselaw interpretations of the revisit provisions seeking to properly apply the European Convention and the important amendments following R v Waya.

It will also look into the proposals made in the recent consultation on amendments to POCA 2002, and where the law stands today as to how a court ought to approach an application to reopen historic Available Amount calculations.

What You Will Learn

This webinar will cover the following:

• Where does an Application to Revisit fit into a POCA order
• When, where, and how can they be made?
• How do they operate at a statutory level?
• What are the latest caselaw developments as to the application of the judicial discretion that exists?
• What is the best tactical approach for applicants or respondents when considering a historial revisit?
• What does the future hold as POCA approaches its 25th anniversary?

This pre-recorded webinar will be available to view from Friday 7th August 2026

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