Proceeds Of Crime Act: POCA Confiscation Orders
Defending POCA Section 10A Litigants
If you are facing confiscation proceedings, we know you will depend on meticulous, dependable and astute legal representation.
Our barristers draw on their experience in criminal law and financial regulatory matters to provide practical advice and representation in all POCA cases.
We are highly experienced in proceeds of crime and asset forfeiture matters, with members who handle cases across a diverse range of POCA work.
Our members act for individual defendants, respondents and third parties, corporate bodies, directors and high-net-worth individuals. We are instructed in civil and criminal matters domestically and worldwide.
POCA: Section 10A
Following an amendment to the Proceeds of Crime Act, interested parties can now apply to participate in confiscation proceedings where the prosecuting authority is claiming their assets as an available asset to an individual facing confiscation proceedings.
Our members have considerable experience representing clients applying to be heard in such circumstances, advising them before making an application to take part in the proceedings through to the conclusion of the litigation.
What Is Section 10 A Of The Proceeds of Crime Act?
Section 10A of the Proceeds of Crime Act in 2015 allows third-party rights to be considered in confiscation proceedings.
If the court is satisfied that it would be unjust to include the third-party interest as part of the confiscation order, it can be removed.
Why Choose Libertas Chambers for Proceeds of Crime Act Proceedings & Confiscation Orders?
We recognise that when facing confiscation proceedings, you often stand to lose everything.
Libertas Chambers members are committed to fighting hard in every case of this type, from the smaller to the most challenging and complex.
We have a reputation for preparing cases meticulously while also offering an approachable and down-to-earth manner to deliver practical, realistic advice to our clients.
Libertas Chambers boasts an impressive array of talented individuals in both confiscation proceedings and representing interested parties under section 10A of the Proceeds of Crime Act 2002.
Members are experienced in offering expert advice and representation to both individuals and corporations in the Crown Court and Court of Appeal. They also regularly appear at the enforcement stage in the Magistrates’ Court.
Contact Libertas Chambers
To find out how Libertas Chambers could help you fight confiscation order proceedings, contact our team using any of the details below.
Frequently Asked Questions About POCA Confiscation Orders
When can a Confiscation Order be made?
Confiscation Orders can be made following conviction of a criminal offence in the Crown Court and following a committal for sentence (or for the purposes of confiscation) from the Magistrates Court to the Crown Court. They are made under either the Criminal Justice Act 1988 or the Proceeds of Crime Act 2002 (depending on when the offence took place).
How much can the court take with a Confiscation Order?
Confiscation orders are made to recover any financial benefit the defendant has obtained from criminal conduct or regulatory offence. The court calculates the value of that benefit and orders the defendant to pay an equivalent sum (or less where a lower sum is shown to be available for confiscation).
How long is there to pay a confiscation order?
Defendants will be required to pay the whole amount on the day the order is made unless the court is satisfied that this is impossible. In such circumstances, it may allow payments to be completed within three months. Extensions of up to six months can be applied for if necessary.
What happens if I do not pay my confiscation order?
If defendants don’t pay a confiscation order, they could face a custodial sentence. The court will make the term of imprisonment at the time of the confiscation order, and its length will reflect the amount payable. Enforcement proceedings are taken in respect of default in the Magistrates Court.