Confiscation: Proceeds of Crime Act 1995

On 1st january 1996 the criminal justice act 1988 (confiscation orders) order 1995 extended the arrangements of the proceeds of crime act 1995 to counterfeiting and copy right offences tried in the magistrates court. Any prosecutor, including a private prosecutor, has the power to apply for a confiscation order following a conviction in the magistrates court under section 107(1), (2), or (3) copyright, designs and patents act 1988 or section 92 (1), (2) or (3) trade marks act 1994, or any conviction in the crown court. The court has a duty to initiate a confiscation process when the prosecutor has given written notice that it would be appropriate to make a confiscation order or the court decides to proceed at its own volition.