It will fall to the Court to determine the extent of the defendant’s interest in such jointly owned property in accordance with Section 10A POCA. Once that determination has been made a number of enforcement options may be available.
John Veale of Kangs Solicitors outlines the relevant legislation concerning the appointment and powers of a Receiver when necessary to recover the defendant’s share of any asset.
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 six 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 Relevant Legislation | Kangs Confiscation Order Solicitors
The Act provides:
Section 10A Determination of extent of defendant’s interest in property
Section 50 Appointment (of a Receiver)
‘This section applies if-
- a confiscation order is made,
- it is not satisfied, and
- it is not subject to appeal.
On the application of the prosecutor the Crown Court may by order appoint a receiver in respect of realisable property.’
Section 51 Powers (of a Receiver)
If the court appoints a receiver under section 50 it may act under this section on the application of the prosecutor.
- The court may by order confer on the receiver the following powers in relation to the realisable property-
- power to take possession of the property;
- power to manage or otherwise deal with the property;
- power to realise the property, in such manner as the court may specify;
- power to start, carry on or defend any legal proceedings in respect of the property.
The court may by order confer on the receiver power to enter any premises in England and Wales and to do any of the following
- search for or inspect anything authorised by the court;
- make or obtain a copy, photograph or other record of anything so authorised;
- remove anything which the receiver is required or authorised to take possession of in pursuance of an order of the court.
The court may by order authorise the receiver to do any of the following for the purpose of the exercise of his functions-
- hold property;
- enter into contracts;
- sue and be sued;
- employ agents;
- execute powers of attorney, deeds or other instruments;
- take any other steps the court thinks appropriate.
The court may order any person who has possession of realisable property to give possession of it to the receiver.
- may order a person holding an interest in realisable property to make to the receiver such payment as the court specifies in respect of a beneficial interest held by the defendant or the recipient of a tainted gift;
- may (on the payment being made) by order transfer, grant or extinguish any interest in the property.
The court must not-
- confer the power …….
- exercise the power…..
unless it gives persons holding interests in the property a reasonable opportunity to make representations to it.
(8b) Representations that a person is entitled to make by virtue of subsection (8) do not include representations that are inconsistent with a determination made under section 10A, unless—
- the person was not given a reasonable opportunity to make representations when the determination was made and has not appealed against the determination, or
- it appears to the court that there would be a serious risk of injustice to the person if the court was bound by the determination.’
Who Can I Contact For Advice & Help? | Kangs National Criminal Defence Solicitors
Confiscation proceedings are very complex for which legal assistance is essential.
The team at Kangs Solicitors is highly praised for its experience assisting clients faced with Confiscation Proceedings which, frequently, run into many millions of pounds.
If you are subject to, or anticipate being subjected to Confiscation Proceedings or Financial Restraint Order of any nature please do not hesitate to contact any of the following who will be pleased to assist you: