Criminal Confiscation
Confiscation is generally governed by the Proceeds of Crime Act 2002 (POCA), although previous legislation can apply to cases relating to activity that occurred before POCA came into force on 24th March 2003.
A person is likely to face confiscation proceedings if they are convicted of any form of criminal offence in which it is alleged that they have benefitted financially from their conduct, or if it is alleged that they have a criminal lifestyle. The law on criminal confiscation is complex and draconian. It is an area where the decisions of the Crown Court are frequently challenged in the court of Appeal.
Confiscation proceedings can be more complex and protracted than the prosecution for the offence that led to them and can lead to confiscation orders to pay very large amounts of confiscation, with a range of enforcement options including long default prison sentences.
We work closely with our clients to prepare their cases carefully and obtain all the relevant evidence including expert accounting evidence. Where appropriate we help negotiate financial settlements with the prosecution.
