Amandeep Murria of Kangs Solicitors discusses the position concerning reconsideration of Benefit. The provisions are contained within the Proceeds of Crime Act (POCA) 2002.
It is open to the Prosecution to apply to the Court for the benefit figure to be reconsidered.
This must be based upon evidence which was not available to the Prosecution or the Director at the relevant time and only within six years of conviction.
Confiscation Law | Specialist Confiscation Solicitors
21 Order made : reconsideration of benefit
- This section applies if _.
- a Court has made a confiscation order,.
- there is evidence which was not available to the prosecutor or the Director at the relevant time,.
- the prosecutor or the Director believes that if the Court were to find the amount of the defendant’s benefit in pursuance of this section it would exceed the relevant amount.
- before the end of the period of six years starting with the date of conviction the prosecutor or the Director applies to the Crown Court to consider the evidence, and
- after considering the evidence the Court believes it is appropriate for it to proceed under this section.
- The Court must make a new calculation of the defendant’s benefit from the conduct concerned, and when it does so subsections (3) to (6) below apply …
Kangs Solicitors | Specialist Confiscation and POCA Solicitors
At Kangs we have a dedicated team specialising in Confiscation, POCA, Asset Forfeiture and Restraint Order work and we are happy to provide clients and fellow professionals with an initial no obligation consultation.
There have been a number of instances when those already made subject to Confiscation Orders have returned to Court because of the application of Section 21 (POCA 2002).
Should you receive notification of an application of this nature, please contact our specialist team through any of the following: