POCA Confiscation Order Defeated | A Client Success Story
KANGS has successfully assisted our client defeat an Application made by the Prosecution under Section 10A Proceeds of Crime Act 2002 (‘POCA’), with the result that property which she previously owned jointly with a former partner, can now be transferred into her sole name.
Mohammed Ahmed of KANGS outlines the nature of this successful result.
The Circumstances
When acquiring a property, parties must determine the type of ownership they wish to establish. Ownership may be held either as joint tenants or tenants in common. The type of ownership has significant legal implications, influencing the parties’ respective rights to the property in the event that the relationship breaks down or upon the death of one of the owners.
Our client had purchased a property with her former partner as ‘Joint Tenants’ meaning that that they both had equal rights to the whole property which would pass to the survivor upon death.
At the time of purchase, our client contributed the majority of the deposit and subsequently paid all mortgage repayments, life insurance premiums, and renovation costs, with her former partner making no financial contributions of any nature.
Her former partner was found guilty of several criminal offences and, as a consequence, a Confiscation Order was made against him under the Proceeds of Crime Act 2002 (POCA). The Prosecution sought to recover the value of the former partner’s financial interest in the property.
The Relevant Law | POCA
Proceeds of Crime Act 2002, Section 10A - Determination of extent of defendant’s interest in property states:
Where it appears to a court making a confiscation order that:
- there is property held by the defendant that is likely to be realised or otherwise used to satisfy the order, and
- a person other than the defendant holds, or may hold, an interest in the property, the court may, if it thinks appropriate to do so, determine the extent, at the time the confiscation order is obtained, of the defendant's interest in the property.
However, the court is required to allow a person who is considered, or may be considered, to have an interest in the property a reasonable opportunity to make representations before exercising this authority.
A determination made under this section is conclusive regarding the extent of the defendant's interest in the property that arises in connection with:
- the realisation or destruction of the property, or the transfer of an interest in the property with a view to satisfying the confiscation order, or
- any action or proceedings taken for the purposes of such realisation or transfer.
How We Assisted Our Client
By way of preparation of our client’s opposition to the Prosecution’s Application, the team at KANGS:
- attended her taking detailed instructions regarding all pertinent matters including her previous relationship with her former partner, her financial circumstances, details of how the property purchase was funded, and information about all related expenditure throughout her ownership,
- collated and examined all relevant documentation,
- conducted discussions with the Prosecution,
- prepared and submitted a detailed Witness Statement explaining our client’s position.
The Successful Outcome
Once Prosecution had considered our client’s Witness Statement, it confirmed that it accepted our client’s claim to be entitled to the beneficial ownership of the whole of the property and that it would not be pursuing the matter any further.
Our client was delighted and relieved that she can now enjoy her home freed of any further claims against it involving her former partner.
How Can We Help You?
The team at KANGS provides extensive experience of every aspect of POCA having defended numerous actions on behalf of clients over many years. Our lawyers have been involved in several on the largest confiscation disputes which the authorities have pursued.
KANGS is highly ranked as a leading law firm in the country for ‘POCA and Asset Forfeiture work’ by the legal directory Chambers UK.
If we can be of assistance, our skilled lawyers would be delighted to hear from you. Contact us using the details below. We look forward to assisting you.
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
Top ranked by legal directories Chambers UK and the Legal 500
