POCA & CONFISCATION ORDERS

If the prosecution pursues this type of application against you, you will be required to account for all of your (and your partners) assets and income going back 6 years from the date of the offence. The potential presumption of a ‘criminal lifestyle’ under the Proceeds of Crime Act is that ALL income is the proceeds of the criminal activity and therefore may be subject to mandatory confiscation. There is a requirement to prepare a detailed defence statement in response to such an application. Skill and expert advice at this stage can substantially mitigate the confiscation figure which is ordered by court.

There are two lines of defence that may both be deployed. Firstly, we would analyse the “benefit figure” relied upon by the crown. Secondly, we can guide you in the drafting of your response statement. There may also be a need to negotiate with the crown on the sums involved or counter an argument that there must be hidden assets.

Having the right advice throughout this process is critical. Once the court fixes the amount to be confiscated, the judge will also set a term of imprisonment in default of that sum being paid. This is completely separate from any punishment imposed for the original offence AND even if that term is served in default, it does not wipe out the monies owed on the order.

WHY CHOOSE LEXIS SOLICITORS?

Lawyers are Lexis Solicitors have expertise in defending against application under the Proceeds of Crime Act made by Crown Prosecution Service (CPS), National Crime Agency (NCA) (Formerly Serious Crime Agency SOCA), Department of Work and Pensions (DWP) and HM Revenue & Customs (HMRC).

This is a highly specialist area of law. Whether you have legitimate business assets or have no assets, our lawyers will support you through the Proceeds of Crime Act application. Through our dedication and analytical mindset we have succeeded in vastly reducing the confiscation figure by as much as hundreds of thousands of pounds.