Three Models of Unexplained Wealth Orders

Abstract

Unexplained wealth orders (UWOs) are a legal tool introduced in a range of jurisdictions to facilitate confiscation of the proceeds of crime. Following the adoption of UWOs in the UK, international awareness of them has soared, and multiple jurisdictions have either followed suit in introducing similar legislation or considered doing so. However, the UK's model of UWOs is only one of the three main ones. Among other countries, Australia and Ireland represent the two other major approaches to the design of UWOs. The main differences pertain to whether UWOs are intended as an asset-recovery or information-gathering tool; under what conditions a UWO can be issued; and what it takes for the defendant to fail to comply with a UWO. This chapter compares the key policy choices that underpin each of the three UWO models, and offers reflections on their respective strengths and weaknesses.