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Third Party Interests in Proceeds of Crime Act Proceedings

Posted on 11 March, 2026

The Proceeds of Crime Act 2002 (POCA) is a piece of legislation which allows the authorities to remove assets that have been gained unlawfully through criminal activity.

The aim of the act is to deter criminal activity and ensure that people do not financially or materially benefit from the proceeds of crime.

However, in the process of confiscation, sometimes assets may be subject to removal from people who had a legitimate interest in them, such as a jointly owned property.

This is why third-party interest applications are included as part of the process to ensure that any innocent third parties can assert their legal rights and protect their assets.

If you are concerned that your assets may be removed or they are already involved in POCA proceedings, our solicitors at Wells Burcombe can provide valuable advice on making a third party interest application.

In this article, we cover:

What is a third party interest in POCA proceedings?
What is Section 10A of the Proceeds of Crime Act?
Who can make a third party interest application?
What is the process of making an application?
When can a third party submit an application?
What evidence is needed to support a third party claim?
Can a third party appeal if their claim is rejected?
What are the possible outcomes after submitting a third party interest application?

Please note: This article should not be taken as specific legal advice. If you need help with Proceeds of Crime Act proceedings, please contact our team, and we will be happy to assist.

Flexible Proceeds of Crime Act fees

Third party interest claims during Proceeds of Crime Act proceedings do not typically qualify for Legal Aid. If you wish to instruct our solicitors, we will be happy to discuss our private fees for your case.

We can offer you a free initial telephone consultation to talk about how we can help and to provide a quote.

Contact us today in London (West Drayton) on 01895 449288 or in Hertfordshire (St Albans) on on 01727 840900 or email us at info@wellsburcombe.co.uk.

What is a third party interest in POCA proceedings?

A third party interest in POCA proceedings is the legal rights of someone who is not the defendant but has a genuine claim to property or assets that may be subject to confiscation.

This can arise in situations where the assets are jointly owned, gifted, or otherwise connected to an innocent individual or business.

Third party interest applications provide individuals with the opportunity to present evidence to protect their share in the property or assets.

What is Section 10A of the Proceeds of Crime Act?

Section 10A of the Proceeds of Crime Act 2002 was introduced by the Serious Crime Act 2015 to enhance fairness in confiscation proceedings.

It applies when the court is deciding whether to make a confiscation order and there is a claim that assets are wholly or partly owned by a third party.

Under Section 10A, the court must determine the extent of the defendant’s interest in the property, taking into account any third party’s legal or beneficial interest.

This process ensures that confiscation orders only apply to the assets truly owned by the defendant.

Who can make a third party interest application?

A third party interest application can be made by anyone who has a genuine legal or beneficial interest in property that may be subject to a confiscation order under the Proceeds of Crime Act 2002.

This often includes spouses, partners, family members, or business associates who jointly own or have contributed to the asset in question.

The court must consider their claim before finalising any order affecting the property. These applications are an important safeguard to prevent the unfair loss of assets by third parties.

What is the process of making an application?

The process of making a third party interest application begins when the court is considering a confiscation order under the Proceeds of Crime Act 2002.

You must provide written notice of your claim, supported by evidence showing your legal or beneficial interest in the property.

Your solicitor can prepare the application on your behalf in the form of a Section 18A Statement, and this will be served to the prosecution and the court by a date set by the judge.

Legal support can help you navigate this process and ensure your rights are properly recognised and protected by the court.

When can a third party submit an application?

You can submit a third party interest application once the prosecution has applied for a confiscation order under the Proceeds of Crime Act 2002.

Under Section 10A, you should make the application early in the process, usually after the defendant’s benefit and available assets have been assessed.

The court will then allow time for you to submit written representations supported by evidence.

It is important to act promptly, as the court may proceed without considering your claim if it is not raised in time.

What evidence is needed to support a third party claim?

To support a third party claim under the Proceeds of Crime Act 2002, you must provide clear and credible evidence showing your legal or beneficial interest in the property.

This may include title deeds, mortgage agreements, bank statements, loan documents, purchase receipts, or written agreements confirming contributions or ownership.

The court will require detailed documentation to assess whether the property belongs wholly or partly to you, rather than the defendant.

Presenting a strong, well-prepared case is essential. Gathering and submitting accurate evidence early in the process will give your claim the best chance of being properly recognised.

What are the possible outcomes after submitting a third party interest application?

Once the Section 18A statement is served, the Prosecution will determine one of the following outcomes:

The third-party interest application is fully accepted, meaning the asset will be excluded from the confiscation proceedings, or its value on the available assets list will be reduced to reflect the third party’s share.
The third-party interest application is partially accepted. The third party will need to decide whether to settle or continue pursuing their claim at a contested hearing. A solicitor can offer advice on the best next steps.
The third-party interest is rejected. If the third party wishes to proceed, they may need to attend court and present evidence. It will then be up to the judge to assess whether the third party has a valid interest in the asset.

Contact our Proceeds of Crime solicitors in London and St Albans

Get sensitive, practical advice about Proceeds of Crime Act proceedings. We can offer you a free initial telephone consultation to talk about how we can help and to provide a quote.