A number of articles appearing on this website have explained the various processes and requirements arising under the Proceeds of Crime Act 2002 (‘POCA’).
Once a Confiscation Order has been made by the court, the defendant who is subject of that Order will normally be given an initial period of time to pay the ‘Available Amount’, being the amount explained in a previous article entitled Confiscation Orders | The Recoverable and Available Amounts, before enforcement of that Order is considered in the event of payment not having been made.
John Veale of Kangs Solicitors explains the timescales.
At Kangs Solicitors we have a vast experience assisting clients made subject to a Confiscation Order. POCA proceedings represent a very complex area of law and the team at Kangs Solicitors can assist with all aspects that may arise.
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 | Initial Period of Time | Kangs Confiscation Solicitors
The Serious Crime Act 2015 states:
- the full amount ordered to paid under the Confiscation Order must be paid on the day that the Order is made
- unless the Court is satisfied that the defendant is unable to pay the full amount on that day
- in which event, the Court may order that such amount that cannot be paid on that day is paid in a specified period(s)
- which period(s) must start on the date of that Order and must not exceed three months.
Extension of Time to Pay | Kangs POCA Defence Solicitors
If the defendant is unable to pay the available amount within the period specified in the Order, application can be made to the Court within that period for an extension of time for payment to be made.
Upon such an Application:
- the Court may make an Order extending the period if
- it is satisfied that, having made all reasonable efforts to discharge the debt, the defendant is unable to pay as previously ordered,
- although this period must start on the day that the Confiscation Order was made, must not exceed six months
- and the Court must not make such an Order unless the Prosecutor has been given the opportunity to make such representations to the court that are considered relevant.
Failure To Pay | Kangs Confiscation Solicitors
- Time to pay will not be extended beyond the six months period.
- Interest will become payable on any outstanding debt which is currently set at 8% per annum.
- Failure to satisfy a Confiscation Order may result in a prison sentence being imposed in default.
- Additionally, if the above occurs, a substantial liability for interest may also accrue.
Who Can I Contact For Advice & Help? | Kangs Criminal Defence Solicitors
As will be seen from the above, the consequences of default in complying with a Confiscation Order can be extremely serious, including imprisonment.
Accordingly, expert assistance is required for all aspects of POCA proceedings including extension of time to pay applications, and associated issues.
For assistance please not hesitate to contact: