Confiscation Proceedings Under the Proceeds of Crime Act (POCA)
Many people assume that once they have been sentenced, their criminal case is over. However, that isn’t always the case. Following sentence, the court may begin separate Confiscation Proceedings under the Proceeds of Crime Act 2002 (POCA), which can have significant financial consequences.
These proceedings can be complex, intrusive and far‑reaching, requiring careful and experienced legal handling from the outset.
If you are facing confiscation proceedings, it is important to seek specialist legal advice as early as possible.
At Ison Harrison Solicitors, our experienced POCA Team guides clients through this highly specialised area of law, advising at every stage to ensure that the case is properly challenged to achieve a fair and proportionate outcome.
What are Confiscation Proceedings?
Confiscation Proceedings are detailed financial investigations conducted after certain criminal convictions (such as drugs, fraud, money laundering, and environmental offences), aimed at stripping criminals of their ill-gotten gains. However, POCA legislation gives the prosecution wide powers and the proceedings can be complex, intrusive and far‑reaching, requiring careful and experienced legal handling.
Two key issues lie at the heart of any confiscation case.
- Whether a defendant has financially benefited from criminal conduct, and if so, the extent of that benefit is calculated.
- What assets are available to satisfy a Confiscation Order.
How is Benefit calculated?
The prosecution will assess the financial benefit arising from the offence, known as the Particular Criminal Conduct. In some cases, especially where there is more than one defendant, it may be necessary to establish whether any benefit should be shared or apportioned differently between those involved.
If the prosecution argue that a defendant has a criminal lifestyle, the investigation can extend much further and allows for application of the wide‑ranging Statutory Assumptions:
- Property Transferred – a review of banking records is usually conducted, going back six years from the date of charge. Incoming transactions are analysed, with the suggestion that the funds came from the proceeds of crime.
- Property Held – any property currently held, owned or under the control of the defendant is presumed to derive from criminal conduct. Even long-held items pre-dating the period of the criminality can be included, as this is not bound by the six-year rule.
- Expenditure – any expenditure incurred within the 6 year period can be assumed to be funded by criminal conduct.
Without clear evidence and careful challenge, the Assumptions can dramatically inflate the benefit figure, sometimes far beyond the value of the original offence.
Our solicitors carefully examine the evidence, identify weaknesses in the prosecution’s case and, where appropriate, work with specialist financial experts to challenge inaccurate calculations.
What Available Assets Can Be Taken into Account?
The court must also determine what assets are available to satisfy a Confiscation Order. This may include property, bank accounts, investments, business interests, vehicles, pensions, cryptocurrency and other valuable assets.
The prosecution may also investigate jointly owned assets or allege that property has been transferred to others or deliberately concealed. These issues can be complex, particularly where family members or third parties have an interest in the assets.
Our team provides clear, practical advice on these issues and works to ensure that only assets properly available for confiscation are included. We are experienced in dealing with disputes over ownership, alleged hidden assets and tainted gifts, helping to protect our clients’ interests wherever possible.
Specialist Advice from Our POCA Team
Confiscation proceedings are highly technical and can result in substantial Confiscation Orders with long-term consequences. Having the right legal team on your side can make a significant difference.
At Ison Harrison, we work closely with specialist barristers and financial experts where necessary, ensuring that every aspect of the prosecution’s case is carefully examined and robustly challenged. Throughout the process, we provide straightforward advice, keep you informed at every stage and guide you through what can be a stressful and uncertain time.
Legal Aid for Confiscation Proceedings
Legal aid funding is available for Confiscation Proceedings and our team can advise and help you through the application process.
If you are already represented by another solicitor, it may be possible to transfer your legal aid certificate to Ison Harrison, especially where specialist POCA expertise is required.
Contact Ison Harrison Solicitors
If you are facing Confiscation Proceedings, believe POCA action may follow your conviction, or would like to discuss transferring your case to our specialist team, contact us today.
We will explain the process clearly, advise you on your options and provide the specialist representation you need to protect your interests and achieve the best possible outcome.
Call 0113 224 7825, or email poca@isonharrison.co.uk to speak to a member of our team.
