The successful extent to which confiscation proceedings (‘confiscation proceedings’) under The Proceeds of Crime Act 2002 (‘POCA’) are being utilized to enforce the law is expanding rapidly.

Helen Holder of Kangs Solicitors highlights a recent case to emphasis the determination of the authorities to ensure that those brought under the control of POCA fulfill their obligations.

The Reported Case | Kangs Environment Agency Solicitors

Between January 2013 and June 2014, Robert Murphy (‘Mr Murphy’) illegally used the land of a vulnerable elderly couple to deposit, store and burn large quantities of mixed waste.

In May 2015, at Stafford Crown Court, Mr Murphy was sentenced to seven months imprisonment for operating a site he did not own or have an environmental permit for.

As part of the sentence, confiscation proceedings were pursued with the result that a Confiscation Order was made ordering Mr Murphy to pay compensation of £20,793 to the landowners and £10,000 in costs.

It was necessary for the Enforcement Agency to obtain compliance with the Order as the landowner required the compensation in order to clear the illegally used site.

Accordingly, as Mr Murphy failed to pay, enforcement proceedings were initiated in the Magistrates’ Court and as the result of continuing failure to comply, Mr Murphy was returned to prison to serve an additional twelve months default sentence.

Eventually, Mr Murphy was forced to sell his home in order to settle the Compensation Order and costs in full.

Official Comment | Kangs National Regulatory Team

An Environment Agency Officer involved in the case said:

This has been a long and involved case but it demonstrates that the Environment Agency is determined to tackle waste crime.

We hope this case serves as a message to those involved that we won’t stop the fight against this blight, and that it acts as a deterrent against those who undermine legitimate businesses within the industry’.

How Can Kangs Solicitors Help? | Kangs Criminal Defence Solicitors

Kangs Solicitors have a proven track record in assisting defendants accused of offences by the Environment Agency.

Follow the links below for further details:

Furthermore, we have specialist advisors who can assist with Proceeds of Crime Proceedings:

Please contact the following for further advice:

Hamraj Kang
07976 258171 | 020 7936 6396 | 0121 449 9888

John Veale
0121 449 9888 | 020 7936 6396 | 07989 521 210

Tim Thompson
0121 449 9888 | 020 7936 6396 | 07989 521 210