Hannah Forsyth successfully applies to vary confiscation order concerning foreign assets

April 13, 2026

Hannah Forsyth, instructed by Mark East of John Robinson Solicitors, has successfully applied to vary a confiscation order on behalf of her client, reducing the available amount to a nominal figure.

The defendant was made subject to a confiscation order in 2019 following conviction. The benefit figure was found to be over £900,000, while the available amount was designated as £20,000, representing the value of a plot of land in a foreign jurisdiction. It was agreed between the parties at the time that the land should be sold, and the sale proceeds used to satisfy the order.

However, in the intervening years, difficulties were faced by all parties in selling the land. Due to the nature of proceedings under the Proceeds of Crime Act, this left the defendant in the position of facing enforcement proceedings and potentially a term of imprisonment in default. This position was further complicated by the defendant’s ill health.

An application was lodged with the Crown Court and further expert medical evidence secured to illustrate the extent of the defendant’s difficulties in complying with what the order required of him, demonstrating a change in circumstances since the order was made.

Following a contested hearing in the Crown Court with written and oral submissions, the application was successful, and the order was varied to remove the value of the land. The success of the application removed the risk of further enforcement and prevented the defendant from facing what could have been an arbitrary and draconian prison sentence.

Hannah Forsyth is a member of Exchange Chambers’ criminal team and accepts instructions for the Prosecution and Defence at all stages of proceedings, including for applications under the Proceeds of Crime Act 2002.