Over a considerable period of time, a number of articles have been posted to this website explaining the complex provisions contained within various sections of The Proceeds of Crime Act 2002 (‘POCA’) covering Confiscation Proceedings.
Such Confiscation Proceedings, brought by the Crown following conviction for certain offences, will be governed by a time table which, very early on will require the defendant to file a Statement setting out full details of his assets.
In response to this Statement, the Prosecution will provide a Statement which will include, inter alia, comprehensive Schedules of the benefit which it is claimed that the defendant has gained from the criminal conduct, the amount claimed to be available to discharge the debt and assets which are available to either wholly or partially discharge such debt.
John Veale of Kangs Solicitors outlines the provisions of section 16 of POCA which sets out the relevant law and the possible consequence in the event of a defendant failing to comply.
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 | Kangs Confiscation Order Solicitors
Section 16 of POCA provides:
Statement of information
- where appropriate the Prosecutor must provide a Statement within the period the Court orders.
- if the Prosecutor believes the defendant has a criminal lifestyle the Statement of Information is to deal with matters the Prosecutor believes are relevant when deciding:
- whether the defendant has a criminal lifestyle;
- whether he has benefited from his general criminal conduct;
- his benefit from that conduct.
- the Statement must include information the Prosecutor believes is relevant:
- in connection with the making by the court of a required assumption under section 10 of POCA
- for the purpose of enabling the court to decide if the circumstances are such that it must not make such an assumption.
- if the Prosecutor does not believe the defendant has a criminal lifestyle the Statement of information must contain matters the Prosecutor believes are relevant in connection with deciding:
- whether the defendant has benefited from his particular criminal conduct;
- his benefit from that conduct.
- the Prosecutor:
- may at any time give the Court a further Statement of information;
- must provide a further Statement within the required period if so ordered by the Court.
Consequence of Failing to Reply | Kangs POCA Solicitors
If the defendant fails to respond to the Prosecutor’s Statement as a whole or does not respond to every point raised in it, it will be presumed that the defendant accepts the Prosecutor’s case in whole or in part in respect of the Confiscation Proceedings.
Who Can I Contact For Advice & Help? | Kangs National Criminal Defence Solicitors
Given that failing to properly address a Prosecutor’s Statement may result in a Confiscation Order being made which may not properly reflect the defendant’s financial position and may result in an Order which it is impossible for him to discharge, it is imperative that service of such a Statement is not ignored.
Confiscation proceedings are very complex for which legal assistance is essential. The Team at Kangs Solicitors is highly regarded nationwide for its attention to detail when defending such proceedings and expertise derived from involvement in some of the highest value and intricate Confiscation Proceedings which have been conducted through the courts.
Should you be involved in, or anticipate being involved in, Confiscation Proceedings please do not hesitate to contact any of the following who will be pleased to assist you: