Provision is made within the Proceeds of Crime Act 2002 (‘POCA 2002’) for appeals to be lodged in connection with Confiscation Orders by the Prosecution in certain circumstances.
Confiscation procedures are mandatory to the extent that a Crown Court must follow them where requested to do so by the Prosecution.
John Veale of Kangs Solicitors comments upon the availability of such appeals.
The team at Kangs Solicitors is highly regarded nationally for the vast experience gained over many years assisting clients faced with the very technical and complicated process attaching to Confiscation Orders.
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 Order Appeal Solicitors
Section 31 of POCA 2002:
- enables the Prosecutor to appeal against any Confiscation Order made by the Crown Court, and
- also allows a Prosecutor to Appeal against a Crown Court decision not to make a Confiscation Order.
Such Appeal, which is made to the Court of Appeal:
- may be lodged on any ground because the POCA 2002 does not set out the kind of appeal involved,
- can only be on a point of law or fact given that the Confiscation Procedures are mandatory and, as such, there is generally no appeal on the merits in such a case, save for limited exceptions,
- may be available where, for example, the Prosecutor maintains that the court has failed to include in the Order property which should have been included or the amount payable under the Order has been miscalculated.
The Prosecutor cannot appeal a decision of the Crown Court where:
- under sections 19 and 20 of POCA 2002 no Order has been made and there is a reconsideration of the case or the benefit figure,
- under sections 27 and 28 the Defendant, who is the subject of the Confiscation Order, has absconded whether convicted/committed or not.
Who Can I Contact For Advice & Help? | Kangs National Criminal Defence Solicitors
If you are subject to any criminal investigation, or are made subject to restraint or confiscation proceedings following conviction, it is essential to seek expert advice and assistance immediately, you should not hesitate to contact: