Where an individual has been convicted of an offence and is before the Crown Court, the Prosecution may apply for a ‘Confiscation Order’ under the Proceeds of Crime Act 2006 (POCA), where it is said that they have benefitted from criminal conduct.
The Court will be asked to consider whether a defendant has a ‘criminal lifestyle’ – (This is likely to be satisfied where the conviction is related to fraud or the supply of controlled drugs) or where a benefit has been obtained from particular criminal conduct.
The benefit will then be calculated, and depending on what property is considered to be available, an order would be made in that amount.
This area of law is far reaching and technical in nature. The process can be lengthy, and confiscation orders can have lifelong implications for individuals and their families, especially where they may be required to sell property assets.
We can help to guide you through this complex process and reduce or prevent any order being made against you. We can deal with your case even if we did not act for you in the main proceedings. If you find yourself facing proceedings under the Proceeds of Crime Act, it is essential that you get advice as soon as possible.