Innocent third parties frequently find themselves involved in Confiscation Proceedings brought against a convicted defendant under the Proceeds of Crime Act 2002 (‘POCA’) with the prospect of suffering financial loss.
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:
The Relevant Law | Kangs Third Party Confiscation Solicitors
POCA allows third party rights to be considered in Confiscation Proceedings with the Court enabled to hear representations put forward in relation to any asset(s) caught by a Confiscation Order.
Section 10A of POCA provides:
- Where it appears to the Court making the Confiscation Order against a convicted defendant who is likely to be forced to realise property, or otherwise deal with it, to satisfy the amount to be paid under the Order, and
- A person other than that defendant holds, or may hold, an interest in the property, the Court may, if appropriate, determine the extent of such interest of the defendant at the time of the making of the Order.
- The court must not make such a determination unless it gives to anyone who the Court thinks is or may be a person holding an interest in the property a reasonable opportunity to make representations to it, in regard to their interest.
- A determination under this section is conclusive in relation to any question as to the extent of the defendant’s interest in property that arises in connection with the realisation of the property, or the transfer of an interest in the property, with a view to satisfying the Confiscation Order, or action/proceedings needed to effect such a realisation or transfer.
- If the court, in making a determination, wishes to use powers to order persons with an interest to make payment to a receiver/transfer or extinguish that person’s interest, it cannot do so unless it has heard any representations put forward.
- The determination does not apply to questions arising in the Court of Appeal or the Supreme Court.
Who Can I Contact For Advice & Help? | Kangs Criminal Defence Solicitors
If you are involved in, or anticipate being involved in, Confiscation Proceedings of any nature, whether as a defendant or a third party interested in property, such as the family home, which may be seized towards payment of the defendant’s debt, seeking expert assistance at the earliest opportunity is essential.
If we can be of assistance, please do not hesitate to contact: