By virtue of the Proceeds of Crime Act 2002 (‘POCA’), when determining the amount payable under a Confiscation Order, the Court is required to calculate the ‘available amount’ of the defendant to meet his debt based on the assets which are available.
In circumstances where the defendant shares assets with another it is necessary for the Court to consider section 10A of POCA as described in our previous article posted to this site.
John Veale of Kangs Solicitors now comments on the appeal process against a Court Order provided by section 31 of POCA.
The Team at Kangs Solicitors enjoys a national reputation for defending clients facing all aspects of POCA proceedings including assisting those innocently involved in property, the ownership of which falls for consideration within the confiscation process.
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:
Appeals | Kangs POCA Appeal Solicitors
Section 31 of POCA allows the Prosecutor or any other interested Third Party to appeal against a Confiscation Order.
In particular Section 31 POCA provides:
- The Prosecutor may appeal to the Court of Appeal against an Order or, should an Order not be made against that decision not to make an Order.
- An appeal may be made to the Court of Appeal concerning the extent of a defendant’s interest in property by the Prosecutor or by a person who the Court of Appeal thinks is or may be a person holding an interest in the property where:
- that person was not given a reasonable opportunity to make representations when the determination was made or
- it appears to the Court of Appeal to be arguable that giving effect to the determination would result in a serious risk of injustice to that person.
- An appeal is not available against the extent of a defendant’s interest in a property where:
- the Court of Appeal believes that an application under section 50 is to be made by the Prosecutor for the appointment of a receiver,
- such an application has been made but has not yet been determined, or
- a receiver has been appointed under section 50.
Who Can I Contact For Advice & Help? | Kangs National Criminal Defence Solicitors
If you are subject to any criminal investigation of any nature, or are made subject to any form of Restraint or Confiscation Proceedings it is essential to seek expert advice and assistance immediately.
We have significant expertise and success in representing Defendants and Third Parties in Confiscation and Restraint Proceedings and protecting their interest in a wide range of asset classes.
Please do not hesitate to contact: