Over a considerable period of time, a number of articles have been posted to this website explaining in detail the complex provisions contained within various sections of The Proceeds of Crime Act 2002 (‘the Act’) covering Confiscation Proceedings.
Such Confiscation Proceedings, brought by the Crown following conviction for certain offences, will be governed by a time table and one of the immediate demands made upon a defendant will be to provide detailed financial information within a specified time period. Failure to comply may result in dire consequences.
John Veale of Kangs Solicitors outlines the information provision requirements of section 18 of the Act and possible consequences in the event of a defendant failing to provide the requested detail in full within the specified period.
The Team at Kangs Solicitors offers clients vast experience defending allegations of alleged serious criminal activity and the Confiscation Proceedings that can follow conviction.
Confiscation proceedings are very complex for which legal assistance is essential. 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 four 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 18 of the Act provides:
Provision of information by defendant
- For the purpose of obtaining information to help it in carrying out its functions including functions under section 10A of the Act, the Court may at any time order the defendant to give it information specified in the order.
- An order under this section may require all or a specified part of the information to be given in a specified manner and before a specified date.
- If the defendant fails without reasonable excuse to comply with an order under this section the court may draw such inference as it believes is appropriate.
- As well as drawing such inference as it believes appropriate, the court may also deal with the defendant in respect of a failure to comply with an order under this section.
- If the prosecutor accepts to any extent an allegation made by the defendant in giving information required by an order under this section, or in any other statement given to the court in relation to any matter relevant to deciding the available amount under section 9, or whether to make a determination under section 10A, or what determination to make (if the court decides to make one), the court may treat the acceptance as conclusive of the matters to which it relates.
- If the court makes an order under this section, it may at any time vary it by making another one.
- No information given under this section which amounts to an admission by the defendant that he has benefited from criminal conduct is admissible in evidence in proceedings for an offence.
Consequences of Failing to Provide Information | Kangs POCA Solicitors
- Failure to provide a reply to a Court order could result in proceedings against the defendant for contempt of court.
- If no reply, or an incomplete reply is made, the Court may draw such inferences as it believes appropriate which may include an inference that there exists hidden assets enjoyed by the defendant.
- If the defendant fails to reply to the section 18 Order or to Prosecutor’s Statement under section 16 of the Act, it will be presumed that the defendant accepts the Prosecutor’s case in respect of the confiscation.
Who Can I Contact For Advice & Help? | Kangs National Criminal Defence Solicitors
It is in the best interests of a defendant not to simply ignore receipt of papers served concerning a Confiscation Order but to seek experienced legal guidance.
The team at Kangs Solicitors regularly identifies significant errors or miscalculations in figures contained in Schedules served by the Prosecution covering the alleged level of debt, the value assets available to cover the debt or hidden assets claimed to be available but which do not exist.
Please do not hesitate to contact any of the following who will be pleased to assist you: