Third Party Interest Claims Under the Proceeds of Crime Act (POCA)

Confiscation proceedings under the Proceeds of Crime Act 2002 (POCA) can affect partners, former spouses, family members, business associates and anyone else who has an interest in property or assets linked to the defendant, not just the person convicted of a criminal offence.

If you believe your home, savings, business or other assets are at risk because of someone else’s confiscation proceedings, it is important to seek specialist legal advice as soon as possible in order to protect your financial interests and guide you through what can be a complex and stressful legal process.

When Can a Third Party Be Affected?

When the court considers whether a defendant has assets available to satisfy a Confiscation Order, it does not only look at property held in their sole name. It may also look to assets that are jointly owned or held by someone else.

This can include situations where:

  • You jointly own a property with the defendant.
  • You contributed towards the purchase of a property or other valuable asset.
  • An asset is in your name, but the prosecution argues it really belongs to the defendant.
  • You have a financial interest in a family business or other jointly owned assets.

Without the right legal representation, there is a risk that your interest in those assets may not be fully recognised.

What Is a Third Party Interest Application?

A Third Party Interest Application allows you to ask the court to recognise your interest in property or assets affected by POCA proceedings.

The aim is to ensure that only the defendant’s interest in an asset is taken into account, while protecting the rights of innocent third parties.

Although this may sound straightforward, these applications are often strongly contested by the prosecution and require detailed legal arguments supported by clear evidence.

Proving Your Interest

Every case depends on its own facts. The court will want to understand who owns the asset, how it was paid for and what each person’s financial interest is.

Evidence may include:

  • Property ownership documents.
  • Bank statements and mortgage records.
  • Evidence of financial contributions towards the purchase or improvement of an asset.
  • Agreements or other evidence showing how ownership was intended to be shared.

Many cases involve complicated questions about beneficial ownership, jointly owned property or family finances. Our experienced solicitors will help you gather the right evidence and present your case clearly and effectively.

Why Specialist Advice Matters

Third Party Interest Applications sit at the intersection of criminal, property and trust law. They are rarely straightforward and are often challenged by the prosecution.

Without specialist advice, there is a real risk that the court may not receive a complete picture of your financial interest. Important evidence can be overlooked, legitimate ownership may be underestimated and assets you are entitled to keep could be confiscated.

At Ison Harrison, we carefully prepare every application, working with specialist barristers where appropriate to ensure your position is clearly presented and fully supported by the evidence.

Funding Your Application

Unlike defendants in criminal proceedings, third parties are generally not eligible for Legal Aid when making a Third Party Interest Application.

We understand that this can be frustrating, particularly where you have had no involvement in the criminal case in question. Our team will provide clear advice on your options, the likely costs involved and the best way to protect your interests.

Contact Our POCA Team

If your property, savings or business interests could be affected by someone else’s confiscation proceedings, don’t wait until important decisions have already been made.

Our specialist POCA team has extensive experience advising third parties involved in confiscation proceedings. We will explain your rights, help you understand your options and work to protect your financial interests at every stage.

Contact us today for confidential advice about Third Party Interest Claims under the Proceeds of Crime Act. Call 0113 224 7825 or email poca@isonharrison.co.uk.