In the article posted to this site on July 10 2020 entitled ‘Confiscation Orders | The Assumptions’, consideration was given to the process involved in calculating the financial liability of a defendant under a Confiscation Order made under the Proceeds of Crime Act 2002 (‘POCA’).
Consideration included comment on the benefit figure (‘the benefit figure’), ‘assumptions’ and ‘criminal life style’.
Once the recoverable amount (‘the recoverable amount’), being the amount of the benefit figure that has been determined, the Prosecution will also have to consider the available amount (‘the available amount’) being the assets actually available to the defendant to enable the benefit figure to be discharged either in full or partially.
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 Recoverable Amount | Kangs Confiscation Solicitors
Section 7 of POCA provides that:
- the recoverable amount is an amount equal to the defendant’s benefit from the criminal conduct concerned.
- if the defendant shows that the available amount is less than that benefit, the recoverable amount is the available amount, or
- a nominal amount, if the available amount is nil.
- in calculating the defendant’s benefit from the conduct concerned, the Court must ignore property, cash, amounts in accounts or property held jointly that is subject to forfeiture/a recovery order after being seized/frozen under a different section of the act.
The Available Amount | Kangs Proceeds of Crime Act Solicitors
Section 9 of POCA, provides that for the purposes of deciding the recoverable amount, the available amount is the aggregate of:
- the total of the values (at the time the Confiscation Order is made) of all the free property held by the defendant
- minus the total amount payable in regard to obligations of the defendant which have priority,
- plus the total (at that time) of all tainted gifts.
- An obligation has priority if it is an obligation of the defendant to pay an amount due in respect of a fine or other order of a court which was imposed or made on conviction of an offence and at any time before the time the Confiscation Order is made, or a preferential debt such as a mortgage.
Who Can I Contact For Advice & Help? | Kangs Criminal Defence Solicitors
If you are subject to Confiscation Proceedings, it is essential that you are advised and guided by experts.
Confiscation Proceedings are extremely complex with the regulating law frequently changing.
Please feel free to contact our team through any of the following who will be happy to assist you: