By virtue of Part 2 of POCA, a Confiscation Order is made against a Defendant for a particular amount.
It is not made against any particular asset held by the Defendant, though the Court has to take into account property held by the Defendant, when determining the available amount for confiscation purposes, where that amount is less than the benefit derived by the Defendant from his offending.
At the enforcement stage of the Confiscation Order, a third party who claims any interest in property against which the Confiscation Order is to be enforced, can make representations as to their own interest in that property and call evidence to support their claim.
Section 1 of the Serious Crime Act 2015, inserted as new Section 10A into POCA allows the Court, when making a Confiscation Order, to consider, at that point, whether there is property held by the Defendant available to be realised or otherwise used to satisfy the Confiscation Order, and whether any person, other than the Defendant, holds, or may hold, an interest in such property.
The Court may, if it thinks it appropriate to do so, determine the extent, at the time that the Confiscation Order is made, of the Defendant’s interest in the property.
What is the Effect of this Change? | Kangs POCA Specialists
The effect of the change introduced by Section 10A is, therefore, to extend the power of the Court whereby it is enabled to bring forward the process of determining the proportion of the Defendant’s interest in any given property at the time of issue of the Confiscation Order rather than, as before, leaving the matter for deliberation at the enforcement stage.
Leaving determination of a third party interest until the enforcement stage of a Confiscation Order can lead to complications, lengthening of proceedings or attempts to frustrate the confiscation process.
The new procedure is aimed at ensuring that criminal assets cannot be hidden with spouses, associates or other third parties.
How can Kangs Solicitors help you? | Kangs Financial Crime Solicitors
POCA proceedings are extremely complex matters, the defence of which requires patience, attention to detail, considerable analytical skills and a great deal of experience.
We regularly conduct such cases and below are a sample of recent cases conducted by our highly experienced team.
Sample Of Recent Cases | Kangs Fraud Solicitors
Who Can I Contact For Help? | Kangs Specialist Criminal Solicitors
If you are a third party, who is involved in confiscation proceedings, we are here to assist you, manage your contact with the prosecuting authorities and advise you on any confiscation proceedings or other financial issues for which you may face.
Our team of Solicitors has a proven track record of assisting many individuals achieve the best possible result with all manner of financial investigations and can be contacted through any one of the following: