Following conviction of a criminal offence, Confiscation Proceedings under the Proceeds of Crime Act 2002 may well follow resulting in a Confiscation Order seeking repayment of a very substantial amount of money.
John Veale of Kangs Solicitors outlines the position.
Criminal Lifestyle | Kangs Confiscation Solicitors
Conviction for certain offences entitles the Prosecution to ask the court to apply the assumptions of a criminal life style (‘criminal lifestyle’), when assessing the repayable debt, by applying the following principles:
- the receipt of any property transfer since a date six years prior to the date of charge arises from criminal lifestyle.
- expenditure made since the same date is the result of criminal lifestyle.
- property owned upon conviction is obtained as a result of criminal lifestyle.
- there is an assumption that the value of the property obtained, is not reduced by any other interest in it.
It is for the defendant to show that the Prosecution allegations of a criminal lifestyle should not be applied.
However, if the Prosecution is successful, it is likely that the resultant debt will far exceed any assets available to repay it with the result that a large amount will remain outstanding even after the disposal of assets deemed to be available for sale.
The Prosecution is entitled at any time to re-open the Confiscation Proceedings and seek to reduce this debt from any money or assets that may be acquired throughout the life of the defendant.
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