Prison Sentence Increased | POCA | Kangs Confiscation Solicitors
The convicted burglar, Daniel Jones, who remains in prison following the Hatton Garden gold bullion heist in 2015, has had six years and two hundred and eighty seven days added to his sentence for failing to meet the terms of the Confiscation Order that was made against him in January 2018 under the Proceeds of Crime Act 2002 (‘POCA’).
The Law | Kangs POCA Advisory Solicitors
The rules regulating the enforcement of Confiscation Orders under POCA were tightened by the Serious Crime Act 2015 as follows:
- the allowed time to make payment was reduced from a maximum of twelve months to a maximum of six months,
- increases to the maximum additional prison sentences in default of payment have been made,
- there is no longer release from prison upon service of half the additional sentence following default where the Confiscation Order amount exceeds ten million pounds.
Period Of Prison Sentence In Default | Kangs National POCA Team
The sliding scale, according to the amount is; not exceeding:
- £10,000 - 6 months.
- £500,000- 5 years.
- £1 million- 7 years
- thereafter 14 years.
Other Enforcement Considerations | Kangs Criminal Defence Solicitors
- payment must be immediate unless grounds for additional time to pay exist,
- it is for the Defendant to make the application for any extension for time,
- interest at the rate of 8% per annum is applied at the expiration of the time to pay,
- the extended prison sentence is served consecutively with any other sentence,
- if there is an amount outstanding after the time to pay has expired the matter will be brought before a Magistrates’ Court,
- the sentence in default may be activated unless the court is satisfied as to the reasons why the Order has not been met and with the steps taken to realise the available assets.
How Can We Help? | Kangs POCA Specialists
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 three 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.
If you are in need of expert help and advice please do not hesitate to contact our team through: