Confiscation Proceedings Solicitor
A confiscation order is made after a person has been convicted. The purpose of a confiscation order is to ensure that the Defendant cannot benefit from the proceeds of their crime. The court determines the amount of benefit received from the relevant criminal conduct.
Benefit Figure
"Benefit" is defined as the proceeds of the offence and includes the full value of any asset which was wholly or in part acquired with the proceeds of crime. Therefore, if it can be shown that £1,000 from the proceeds of crime was put towards the purchase of a £20,000 car, the whole car is the benefit.
In assessing the amount of benefit the court is entitled to make a number of assumptions. For example, in some circumstances the court can conclude that all income and expenditure from 6 years prior to the commencement of proceedings was received by the Defendant from the proceeds of crime.
Realisable Asset Figure
Once the court has assessed the amount of benefit received from the offence it MUST make a confiscation order for that amount, UNLESS the Defendant satisfies the court that the value of their realisable assets is lower than the benefit figure. In these circumstances the court must order that the Defendant pays the realisable asset figure rather than the total benefit figure.
Time served in default
When a Confiscation Order is made, the Judge will direct that if the Defendant does not pay the order within the specified time period, they will serve time in Prison in default of the payment. The time to be served is in addition to time served for the offence itself and is proportional to the value of the Confiscation Order.
Certificate of Inadequacy
If when a Defendant’s assets are realised, they are less than was anticipated by the Court, leaving insufficient funds to satisfy the Confiscation Order, a Certificate of Inadequacy can be applied for. If successful, this application will reduce the value of the Confiscation Order to match the value of the Defendant’s realised assets.
Certificate of Increase
If when a Defendant’s assets are realised, they are more than was anticipated by the Court, resulting in excess funds, the Prosecution may apply to the Court for a Certificate of Increase. If successful, this will increase the Confiscation Order, up to the value of the Benefit figure.
Relevant Legislation
The relevant legislation is Part 2 of The Proceeds of Crime Act 2002 (POCA) which came into force on 24th March 2003. Prior to this the law was governed by the Drug Trafficking Act 1994 and Part VI of the Criminal Justice Act 1988 as amended by the Proceeds of Crime Act 1995. This law is still relevant in some cases.
Contact us
The firm has a number of Solicitors who have a reputation nationwide for their expertise in defending Confiscation Orders. Please contact us with any queries in relation to a Confiscation order.