National Reputation, Local Presence

Confiscation Proceedings                  

 


This is a complex and ever developing area of law. We offer expert advice and representation in relation to the different forms of investigation and proceedings.

Restraint Orders - Criminal Proceedings

  • Under the Proceeds of Crime Act 2002 (POCA) the Crown Court has power to make a restraint order.
  • The order can be made during the investigation stage, once you have been charged with an offence and right upto the moment payment has been made in relation to a confiscation order.
  • It is important to seek early and immediate legal advice in order to protect your interests.

Confiscation Orders

  • Following a conviction for various offences (which include financial and drug trafficking offences) the Court will on the application of the Prosecution embark on Confiscation Proceedings.
  • The Court will decide whether a Defendant has benefited from his ‘’general criminal conduct’’. A wide interpretation is attached to this. (s.76 (2) POCA). For these purposes the Court makes various statutory ‘’assumptions’’ (s.10 POCA).
  • An example of one of the assumptions is as follows; any property transferred to the Defendant within the period of six years ending on the date on which proceedings were started was obtained by him as a result of his general criminal conduct. There are of course other assumptions.
  • The assumptions are rebuttable and any defence will include a detailed analysis of these. The Defence will clearly need to identify a number of matters.
  • There are then various procedures, which the prosecution and the Defence have to adhere to.
  • In the end the Court will be asked to make a confiscation order to a particular amount and failure to pay will mean a term of imprisonment in default.
  • These proceedings are often difficult and complicated and early preparation is crucial.

Assets Recovery Agency

  • This is an agency set up under POCA whose aim is to confiscate or ‘recover’ the proceeds of crime.
  • Proceedings are issued in the High Court by the Director of the ARA against anybody who the Director thinks holds property obtained through unlawful conduct.

  • Please contact Gary Bloxsome, Partner to see how we might assist you:

    • The order will have the effect of restraining what is termed your ‘realisable assets’.