29/07/16

Compliance with a Confiscation Proceedings Order

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Just when you thought it was all over, the i’s dotted and the t’s crossed on that Confiscation Order, the Prosecution and the Court have come up with something else with which they can bash you.

John Veale of Kangs Solicitors writes on the aspects of a Compliance Order following a Confiscation Order.

The Compliance Order | POCA Lawyers

At the conclusion of confiscation proceedings the Court now has the power to issue a Compliance Order.

Many Confiscation Orders will involve the sale, re-mortgage or transfer of property.

The time for satisfaction of the Confiscation Order is now initially limited to three months, with a possible extension to six months.

The Prosecution and the Court are keen to know what is going to be done to realise assets and satisfy the Confiscation Order.

Prior to the new requirements, such information used to be provided in support of an application to obtain an extension of time to pay or, ultimately, provided to the court of enforcement, being the Magistrates’ Court, to prevent the default sentence being activated.

The New Timetable for Confiscation Proceedings

Recent legislation has, in effect, short circuited the process and the Compliance Order will require that, within 14 days of the handing down of the Confiscation Order, the defendant must set out in writing how the Confiscation Order is to be fully satisfied.

If this involves the sale of assets, then they will have to be identified and documentary evidence provided demonstrating that they are being marketed.

Thereafter, the Defendant is required to provide documentary evidence every 28 days  indicating the progress of the sale of assets until the Confiscation Order is paid in full.

This information must be provided to the relevant enforcement office of the Crown Prosecution Service by e-mail, fax or post. If sent by fax, confirmation of sending must be retained and if sent by post, this must be done by recorded delivery.

The Life Span of a Compliance Order | Confiscation Solicitors

The Compliance Order remains in force until varied or discharged and, as it is an Order of the Court, failure to comply amounts to contempt, punishable by way of a prison sentence of up to two years.

As a Compliance Order is issued after the conclusion of the Confiscation Proceedings it remains to be seen as to whether legal work relating to it will be covered under a legal aid Representation Order.

As the sanction for disobedience of the Compliance Order is a further prison sentence, it is likely that a separate Representation Order can be obtained.

Kangs Solicitors | Contact Us

At Kangs Solicitors we have a wealth of experience in dealing with all aspects of Confiscation Proceedings.

We are well placed to anticipate and advise upon Compliance Orders and will be pleased to assist and guide you.

If any of the issues raised in this article affect you, please feel free to contact John Veale at Kangs Solicitors for some expert guidance.

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