In various articles posted to this site we have explained various aspects of the operation of Confiscation Proceedings arising under the Proceeds Of Crime Act 2002 (‘POCA’) and the range of technical issues that frequently arise.
A selection of previous articles can be found here:
- Certificate of Inadequacy | Confiscation Proceedings | Kangs POCA Solicitors
- Confiscation Orders | Time to Pay | Kangs POCA Solicitors
- Confiscation Orders | Tainted Gifts | Kangs POCA Solicitors
- The Re-Opening Of Confiscation Orders | Section 22 POCA
It sometimes occurs that when making a Confiscation Order the Court considers that a Compliance Order should also be made to ensure that the Defendant complies with his obligations.
John Veale of Kangs Solicitors comments upon Compliance Orders.
Kangs Solicitors is highly regarded for its work assisting clients involved in Confiscation Proceedings at every level. The Team at Kangs has vast experience in dealing with serious crime/fraud and the Confiscation Proceedings process. Confiscation is a very complex area of law and Compliance Orders impose their own onerous conditions.
Our team is led by Hamraj Kang who is recognised as a leading expert in the field. He is one of only two solicitors nationally to be ranked as a ‘star individual’ for five consecutive years in the legal directory Chambers & Partners.
Other members of the team are ranked in the Legal 500 and also ranked in Chambers & Partners.
For an initial no obligation discussion, please call our Team at any of our offices detailed below:
The Law | Kangs Confiscation Solicitors
Section 13 of the Act provides that:
- where the court makes a Confiscation Order
- such Order may be as the court believes appropriate for the purpose of ensuring that the Confiscation Order is effective.
- The court must consider whether to make a Compliance Order but, if it does not do so, then, at any later time, whilst the Confiscation Order is still in effect, it may seek a Compliance Order upon application of the Prosecutor.
- In considering whether to make a Compliance Order, the court must, in particular, consider whether any restriction or prohibition on the defendant’s travel outside the United Kingdom ought to be imposed for the purpose of compliance with the Confiscation Order.
- The court may discharge or vary a Compliance Order on an application made by the Prosecutor or any person affected by the Order.
Appeals Against Compliance Orders | Kangs Compliance Order Solicitors
Section 13 of the Act also provides that:
- if upon application the Crown Court decides not to make a Compliance Order, the Prosecutor may appeal to the Court of Appeal against that decision.
- The Prosecutor, or any person affected by the Compliance Order, may appeal to the Court of Appeal in respect of the Crown Court’s decision to make, discharge or vary a Compliance Order.
- On an appeal, the Court of Appeal may confirm the decision of the Crown Court, or make such Order as it believes appropriate.
- A further appeal may be made to the Supreme Court against a decision of the Court of Appeal and may be made by any party to the proceedings at the Court of Appeal.
- The Supreme Court may confirm the decision of the Court of Appeal, or make such order as it believes is appropriate.
Conditions Attached To Compliance Orders | Kangs POCA Solicitors
A compliance order can have any conditions in it that the Court sees fit to ensure that the Confiscation Order is satisfied
Conditions can include limitation on travelling abroad or forcing the marketing and sale of property such as the family home.
The prosecution may re-open the confiscation proceedings and seek a Compliance Order with or without conditions.
Who Can I Contact for Advice & Help? | Kangs Confiscation Order Solicitors
If you are interested in any aspect of Confiscation Proceedings, including Compliance Orders, please do not hesitate to contact our team, through any of the following who will be pleased to hear from you.