POCA & Confiscation

Confiscation, Restraint Orders & Cash Seizures
Kangs has a nationally recognised specialist team handling all issues arising from the Proceeds of Crime Act 2002 (‘POCA’) including: Restraint Orders, Confiscation & POCA Proceedings, Cash Seizures and Civil Recovery. We act for Respondents, Defendants and Third Parties affected by any of the above-mentioned matters, and have been ranked nationally for ‘POCA and Asset Forfeiture work’ by the legal directory Chambers UK since 2014.
RESTRAINT
ORDERS

A Restraint Order is a powerful investigative tool used by many of the major prosecuting authorities such as HMRC, SFO, FCA, CPS and Trading Standards. Restraint Orders are usually obtained without notice or prior warning to an individual or business and can have a devastating financial impact if matters are not addressed immediately. The effect is to freeze all assets belonging to an individual or business, this includes provisions requiring the respondent to provide certain documentation and information such as the disclosure of all assets and bank accounts in the UK and overseas.

A provision ordering the respondent to repatriate all assets and funds to the UK within a strict time limit. A requirement for the respondent to provide a statement of truth detailing all financial assets and expenditure during a specified period. A restriction on the amount of funds to be utilized for personal living expenses and/or business expenditure.

Confiscation Proceedings
POCA

Our specialist confiscation and POCA team regularly works alongside the leading barristers and forensic accountants and prides itself on providing quick and effective advice in all situations.

We are regularly instructed by defendants in relation to confiscation proceedings after they have been convicted. We advise clients in such circumstances and, if appropriate, take over the conduct of their defence of confiscation proceedings following conviction in proceedings where we have not previously been involved.

POCA is a highly specialised area and our experienced team has had considerable success with members of our team having conducted some of the leading reported cases in this area of law.

Cash Seizure
Detention & Forfeiture

POCA authorises a relevant officer of the state (including police and HMRC officers) to seize cash in certain circumstances, detain it pending an investigation into its origins or intended use and thereafter to apply for its forfeiture.

The current level of cash able to be detained is a minimum sum of £1,000.

The minimum figure has been gradually reduced over time as follows:

  • 16th March 2004: the minimum amount under Section 294 of POCA was lowered from £10,000 to £5,000
  • 31st July 2006: the minimum amount was reduced from £5,000 to £1,000

 

Got a question?

Can't find what you need? Get in touch with our experience team, who are happy to answer any questions you have.
How can Kangs help you with a Restraint Order?
  • Provide early advice and guidance on its effect
  • Take immediate action to unfreeze bank accounts to enable essential payments and expenditure to be undertaken
  • Take immediate steps to ensure any business affected is able to function on a day to day basis
  • Seek an increase in the weekly living allowance which it may authorise
  • Apply for its discharge or variation
  • Represent and advise third party individuals and corporate entities which it affects
How can Kangs help you with Confiscation & POCA Proceedings?

We provide early and effective advice, which can often be crucial in the outcome of POCA proceedings.

  • Represent a defendant in confiscation proceeding
  • Represent third parties in confiscation proceedings
  • Challenge the ‘benefit figure’ and ‘realisable assets/available amount figure’
  • Contest the ‘criminal lifestyle assumptions’ often applied by the prosecution
  • Contest a prosecution application to re-open a Confiscation Order
  • Provide representation in applications pursuant to section 23 POCA to vary the ‘available assets figure’ after a Confiscation Order has been made
  • Provide representation and advice regarding enforcement of Confiscation Orders
  • Prepare and submit applications for ‘certificates of inadequacy’
  • Advise regarding the appointment of Management Receivers
How much cash can be detained during a Cash Seizure?

The current level is a minimum sum of £1,000.

The minimum figure has been gradually reduced over time as follows:

  • 16th March 2004: the minimum amount under Section 294 of POCA was lowered from £10,000 to £5,000
  • 31st July 2006: the minimum amount was reduced from £5,000 to £1,000
What is the Cash Seizure proceedure?

The person in possession of the cash is usually questioned by the authorities.The questions are for the purpose of establishing its ownership and whether it is ‘recoverable property’. Recoverable property is property obtained through unlawful conduct or property intended for an unlawful use.

A form called ‘Form A’ must be completed at the scene and served on the person from whom the cash is seized together with a copy of the ‘Receipt For Seized Cash’. There is no power to detain a person at the scene for the purpose of serving Form A.

The Form A must include the time and place of seizure, the Magistrates’ Court at which the application for further detention will take place and, finally, the reason for the cash seizure.

A Detention of Cash Order is usually made by the Magistrates’ Court to allow the authorities to investigate the circumstances surrounding the existence of the cash. Such an order can be made for up to two years.

During the investigation stage, the defence may furnish the authorities with any relevant evidence to demonstrate that the cash is not recoverable property.

An application for the release of the detained cash can be made by the named owner of the cash pursuant to section 297 of POCA. A similar application for the release of the detained cash can be made by the ‘victim or other owner’ of the detained cash under section 301 of POCA.

If neither of the above applications are made, the State can make an application for forfeiture of the cash within the two year period. The forfeiture hearing is a civil hearing conducted in the Magistrates’ Court. The case will be decided on a ‘balance of probabilities’ in accordance with the civil law standard of proof.

How can we help with Cash Seizure Applications?

We have a considerable track record in contesting cash seizure cases across the country and we take great pride in representing a wide spectrum of clients from individuals to large corporations.

Wherever you may be confronted with cash seizure or forfeiture proceedings, including UK airports and seaports we can assist by:

  • Providing you with immediate expert advice on the legality of the cash seizure
  • Advising on the right to challenge the seizure
  • Preparing the relevant applications to the court for the release of the detained cash
  • Representing you at any contested cash forfeiture hearing
Contact Kangs

The expert lawyers at Kangs are available to assist you. We can arrange initial consultations in person, by video call or telephone.

Please contact one of our experts listed below or contact us at:

E: info@kangssolicitors.co.uk

T: 0333 370 4333

 

Testimonials

One of the very best criminal, fraud and POCA litigation firms in the country.
CHAMBERS UK
The firm has particular strength in this area with a dedicated department in POCA-related work.
CHAMBERS UK
Dedicated white-collar crime team handling confiscations, restraint orders and cash seizures.
CHAMBERS UK
Frequently represents high-profile individuals in Proceeds of Crime proceedings.
CHAMBERS UK
Advises on civil cases brought by the NCA under POCA, including Property Freezing and Civil Recovery Orders.
CHAMBERS UK
The firm has an exceptional team of lawyers and considerable strength in depth.
CHAMBERS UK
It is a first-rate firm that is dedicated to its clients and is tenacious in challenging the prosecution.
CHAMBERS UK
The firm is blessed with an abundance of talented solicitors who are true specialists in POCA and asset forfeiture
CHAMBERS UK
They are excellent in their client care and have a technical knowledge of POCA and Asset Forfeiture work which is far superior to other firms.
CHAMBERS UK
POCA
When deemed necessary to preserve a suspect’s assets, by preventing them from being sold or otherwise dissipated, a Restraint Order may be obtained from the Court prior to criminal proceedings which may lead to conviction and, subsequently, the making of a Confiscation Order under the Proceeds of Crime Act 2002 (‘POCA’). Having obtained a Restraint […]
07/02/24
Account Freezing Order, POCA
KANGS has successfully represented a client against whom HMRC were seeking an Account Freezing Order alleging that considerable funds held in her bank account derived from criminal conduct. Tim Thompson of KANGS Solicitors reports on this successful outcome. KANGS has been representing clients facing investigation and proceedings commenced by HMRC, in both criminal and civil […]
06/02/24
Financial Investigations, POCA
The Proceeds of Crime Act 2002 (‘POCA’) enables investigators to seize cash, where the amount involved is in excess of one thousand pounds, where they believe that: Such detained cash may be retained: In the recent case of Kingdom Corporate v Commissioner for HMRC, an issue arose as to whether the Application made to the […]
29/01/24

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