Confiscation Orders, Restraint Orders and the Proceeds of Crime Act
- Have you had cash seized by the police?
- Have your bank accounts been frozen?
- Are you under investigation for fraud, dishonesty offences, money laundering, or drugs?
- Have you been convicted and had your case adjourned for proceeds of crime confiscation proceedings?
Our Proceeds of Crime Act solicitors have extensive experience handling proceeds of crime cases, from relatively small amounts to confiscations involving millions of pounds, both in the Crown Court and on appeal. Whether you are facing a proceeds of crime charge or seeking to challenge an existing order, we will fight hard on your behalf, ensuring that in many cases, you can retain more of what is rightfully yours.
Our expert proceeds of crime solicitors can assist with your case even if we did not act for you in the main proceedings. We can also advise on whether you may have grounds to appeal against an order that has already been made. Seeking legal advice as soon as possible is essential—mistakes in these cases can be costly, and it is always better to ask now than regret later. We’ll always be pleased to hear from you.
An example of our recent success in the Court of Appeal can be seen in R. v. Kinsella, as highlighted in this news article. Mr Kinsella was believed to be a gangland enforcer involved in a serious organised robbery. We successfully overturned a decision by the Crown Court that he was liable for the entire value of the proceeds of the robbery.
Introduction to POCA
The police, Crown Prosecution Service and other prosecuting agencies like RCPO (the Revenue and Customs Prosecutions Office, now part of CPS) have extensive powers to seize assets which represent the proceeds of crime. But these powers aren’t only used in multi-million pound drug cases: they can be used in any case where the State can prove there has been a benefit from crime. Even quite small cases can end with confiscation proceedings.
The police and the prosecution get to keep a percentage of money recovered in these cases, so it is worth their while pursuing as many as they can!
This is a complicated area of law where expert assistance can make a real difference. Our POCA solicitors will always do our very best to guide you through this maze.
Cash Seizure
Often the process can start even before any criminal charges are brought. In some cases the police and some other officials, for example the UK Borders Agency, can seize cash or items such as cheques or postal orders and either detain them until it can be proven that they are not the proceeds of criminal conduct, or apply to a Magistrates’ Court for the cash to be forfeited.
We can advise on how to attempt to secure the release of your cash or challenge a police application for it to be forfeited. We may be able to represent you in Court. In some cases we may be able to obtain public funding for this purpose.
Restraint Orders
In larger cases the prosecution may apply for your assets to be restrained. Again, this can be done even before any charges have been brought, there only needs to be an ongoing investigation.
If your assets are restrained you won’t be able to operate your bank accounts, sell or otherwise deal with your assets (houses, cars etc), and you will be limited to a weekly allowance for your outgoings.
We can advise you on whether the prosecution are acting lawfully, negotiate on your behalf, and represent you in any Court proceedings. We have dealt with many cases in which this power has been used, as it is routine in serious criminal cases or those relating to organised crime.
Confiscation Proceedings
At the end of many Crown Court and some Magistrates’ Court cases, the prosecution may argue that there should be a confiscation hearing. This is often a separate hearing, weeks or months after sentence has been passed.
The Court will have to assess the value of any benefit from crime, in simple terms how much the crime was worth to you. Once the benefit has been valued, it is up to you to satisfy the Court that you don’t have sufficient assets to pay that amount in full. If you can’t, you have to pay the full amount.
There are complicated rules relating to how the benefit is calculated and whether you own your property, or whether someone else has an interest in it, and the value of property. In some cases the prosecution may argue that you had a “criminal lifestyle”. If they do this the Court may assume, amongst other things, that all of your income for the last 6 years came from criminal sources. This can result in a very large benefit figure.
It is very important that you get the right legal advice early on. You may have to serve a default sentence of imprisonment if you do not pay the amount ordered. The default sentence may be months or even years long, yet might be avoided or reduced with proper advice and representation.
Even if you have been represented by other solicitors for the rest of the case, it is still possible to come to Conspiracy Solicitor for the confiscation proceedings.
Sadly many firms are still unfamiliar with these procedures, but the Team at Conspiracy Solicitor are experienced with POCA offences and will do their utmost to help you out. We know how worrying these unfamiliar proceedings can be, but with our assistance you can understand what is going on, and in many cases we can reduce the amount you will have to pay.
Remember mistakes can be costly! If you make admissions which are incorrect or do not challenge the right aspects of the Prosecution case, you could be landed with a very large bill and potentially a very large default sentence.
If you need advice or representation for confiscation proceedings or the Proceeds of Crime, call us as soon as possible on 0333 009 5968 for standard enquiries during office hours, or WhatsApp on 07535 215140 for 24/7 emergency support
FAQs:
What is the Proceeds of Crime Act (POCA)?
The Proceeds of Crime Act (POCA) 2002 is legislation designed to prevent individuals from benefiting financially from criminal activities. It allows authorities to confiscate and recover assets believed to be gained through unlawful conduct. POCA encompasses a range of offences, including money laundering, drug trafficking, fraud, and tax evasion, and empowers enforcement agencies to conduct investigations and pursue confiscation orders.
How can a solicitor help if my assets are seized under POCA?
If your assets are seized under POCA, a solicitor from Conspiracy Solicitor can offer critical support by reviewing your case, challenging the legality and proportionality of asset seizures, negotiating with authorities, and representing you in court proceedings. We ensure your rights are protected and advocate effectively to minimise financial loss and secure the return of your assets where possible.
Can I challenge a confiscation order?
Yes, you can challenge a confiscation order. At Conspiracy Solicitor, we thoroughly review the circumstances surrounding the order, assess procedural fairness, and identify any errors or disproportionate measures used by prosecutors. We can appeal the order, present compelling evidence in court, and strive to achieve the most favourable outcome for you.
What should I do if I am accused of money laundering?
If accused of money laundering, seek immediate legal advice. Contact our Proceeds of Crime Act solicitors as soon as possible so we can evaluate your situation, provide strategic guidance, and help you navigate interactions with investigative bodies. Early legal intervention is crucial to building a robust defence and ensuring your rights are protected throughout the investigation.
How long does a POCA investigation typically take?
The duration of a POCA investigation varies significantly depending on the complexity of the case, the volume of evidence, and the nature of the allegations involved. Typically, investigations may range from several months to over a year. Our POCA solicitors will proactively manage your case, striving to expedite proceedings while ensuring thoroughness and fairness.
Can I recover seized assets under POCA?
Yes, it may be possible to recover seized assets under POCA. Recovery depends on demonstrating that assets were not obtained through unlawful means or showing procedural errors in the seizure process. Our proceeds fo crime solicitors will advocate rigorously on your behalf, preparing comprehensive evidence and arguments aimed at recovering your property as efficiently as possible.