12/04/24

Confiscation Order | Stephen Bear

Confiscation Order | Stephen Bear
Share

To prevent an offender benefiting financially from their criminal conduct, the Proceeds of Crime Act 2002 (‘POCA’), enables the Prosecution to request the Court for Confiscation Proceedings following a conviction.

On the 28th March 2024 Chelmsford Crown Court made a Confiscation Order of £22,305 against Stephen Bear, a television ‘reality star’, following his conviction for sexual offences.

Helen Holder of KANGS outlines the circumstances.

The Conviction | Sexual Offences

On the 13th December 2022, following a contested Trial, Bear was convicted of:

  • voyeurism on the 2nd August 2020, related to the CCTV filming of sexual activity between him and his, then, girlfriend, Georgia Harrison,
  • disclosing private sexual photograph or film on the 2nd August 2020 ‘WhatsApp’,
  • disclosing private sexual photograph or film on the 8th November 2020 ‘OnlyFans’.

Bear was sentenced on the 3rd March 2023 to imprisonment for twenty-one months and was released on the 17th January 2024.

The case attracted enormous publicity due to the national profile of the individuals involved and the decision by Georgia Harrison to waive her right to anonymity.

Further information in relation to the sexual offences committed:

The Confiscation Order

On 28th March 2024, a Confiscation Order totalling £22,305 was made based on funds received from publishing the video on the ‘OnlyFans’ subscription platform without the consent of Georgia Harrison.

Bear has been given three months to pay the Order. Failure to do so, will result in an additional nine-month prison term for his default. It is understood that the Prosecution has obtained a Restraint Order for a sum in excess of £60,000, being the proceeds of sale of Bear’s home. The Restraint Order prohibits Bear from dispersing those funds without the Prosecution’s consent.

The Judge has ordered that £5,000 out of the Confiscation Order of £22,305 is to be paid to Georgia Harrison by way of compensation. Should Bear default in payment and receive a default sentence, the full debt remains in force until discharged with accrued interest.

It is also open to the Prosecution to apply for a reconsideration of the available amount if additional assets are obtained in the future but only up to the value of the full criminal benefit.

Further insights into Confiscation Proceedings:

How Can We Help?

KANGS enjoys a reputation for excellence in POCA proceedings gained from defending clients who have been involved in some of the most substantial and complex proceedings in the country.

Our solicitors assist clients with the full array of both criminal and civil investigations, and court proceedings relating to POCA. They are recognised as a national leaders in the areas of criminal defence, asset forfeiture and Proceeds of Crime matters. Our solicitors are also recognised in the prestigious legal directories, the Legal 500 and Chambers UK.

If we can be of assistance, please do not hesitate to contact our Team using the information below:

Tel:       0333 370 4333

Email: info@kangssolicitors.co.uk

We provide an initial no obligation consultation from our offices in London, Birmingham, and Manchester. Alternatively, we provide initial consultations by telephone or video.

Account Freezing Order, POCA
KANGS has effectively assisted a client in achieving a positive settlement in forfeiture proceedings commenced by the National Investigation Service (NATIS) relating to 'Bounce Back Loans.' This involved securing the lifting of Account Freezing Orders placed on our client's accounts. Tim Thompson of KANGS briefly outlines the proceedings. The Circumstances of the forfeiture proceedings The […]
24/04/24
POCA
A common intention constructive trust is a legal concept that arises automatically, without the need for a prior written Declaration of Trust, when parties have not formally documented their agreement. It occurs when it would be unjust for one party to disregard the other's beneficial interest in an asset. The shared intention for both parties […]
03/04/24
POCA
We have previously shared articles that delve into various aspects of the Proceeds of Crime Act 2002 (‘POCA’) including 'Tainted Gifts'. This legislation outlines the guidelines and procedures governing the confiscation process, which defendants may undergo upon conviction for specific offences. POCA seeks to recover any financial gain enjoyed by a convicted defendant, in respect […]
08/03/24

Get in touch