Confiscation proceedings follow conviction at a trial and are brought pursuant to the Proceeds of Crime Act 2002(‘POCA’) with the purpose of recovering the ‘benefit’ obtained by the convicted person through criminal conduct.
The ‘benefit’ obtained is defined either in terms of the specific crime which an individual has been convicted of (‘particular criminal conduct’), or by concluding that that person has been living a ‘criminal lifestyle’ (‘general criminal conduct’).
Criminal Lifestyle | Assumptions | Kangs POCA Team
- In establishing whether ‘general criminal conduct’ should be included within the ‘benefit’ for the purposes of confiscation, statutory assumptions are applied.
- As part of the process, an individual’s dealings with assets and expenditure for the period six years before initial arrest are analysed.
- If an individual is unable to satisfactorily explain any expenditure, or the provenance of funds received during this six-year period these sums can be included within the ‘benefit’ figure.
How Can We Help? | Kangs Proceeds of Crime Defence Solicitors
Confiscation cases can involve complex and technical legal issues. We have significant experience in advising individuals, companies and third parties who are subject to POCA proceedings.
Our team can assist with the following:
- POCA proceedings
- Section 23 POCA Applications (to vary the available assets figure after a Confiscation Order has been made)
- Advising third parties who are made subject to Confiscation Orders or Restraint Orders
- Representation in relation to pre-charge and post-charge restraint proceedings
- Cash seizure and forfeiture
- Cash seizure proceedings in
the Magistrates’ Court.
Who Do I Need To Contact For Assistance? | Kangs National Financial Crime Solicitors
Please do not hesitate to contact one of the following for an initial consultation: