We have a team of leading POCA specialists experienced in dealing with cases involving confiscation orders under the Proceeds of Crime Act 2002 (POCA).
Confiscation proceedings and other matters associated with POCA 2002, can be very complex and in some cases can be of greater importance to individuals than the initial criminal offences that are faced.
It is therefore of vital importance that individuals who face proceedings under POCA 2002 and cases which could lead to Confiscation proceedings, have the right professionals on their side.
At Newton Law Practice we often receive requests to take over cases after there has been a conviction, so that we can deal with the confiscation proceedings.
Our confiscation solicitors can assist with the following:
- Post Confiscation Proceedings
- Section 23 POCA Applications (to vary the available assets figure after a Confiscation Order has been made)
- Advising third parties who are made subject to Confiscation Orders or Restraint Orders
- Representation in relation to pre-charge and post-charge Restraint Proceedings
- Cash seizure and forfeiture
- Preparing for contested cash seizure proceedings in the Magistrates’ Court
- Civil asset recovery
In numerous cases, once there is a conviction the prosecution will seek a Confiscation Order. This can affect the individual in question and connected third parties, it can be complicated and take a long time.
Our specialist team of confiscation solicitors including dedicated counsel have a wealth of experience challenging every detail of the confiscation proceedings, from the initial application, through to enforcement and applications to decrease the Available Amount.
We have acted in some of the highest-profile and novel cases for many years now, including:
- Successfully arguing against confiscation proceedings being initiated at the Crown Court
- Significantly reducing the Benefit Figures and Available Amounts that are argued by the prosecution
- Challenging Assumptions: including ‘criminal lifestyle’ and gifts (tainted, hidden, undervalue)
- Successfully challenging prosecution applications to reopen Confiscation Orders
- Successfully overturning Confiscation Orders in the Court of Appeal
- Overturning prosecution applications to invoke criminal lifestyle cases
In short, this area of law is extremely far-reaching and technical in nature and can have lifelong implications.
Cash Seizure Detention & Forfeiture Lawyers
These powers affect anyone found with in excess of £1000 in cash.
Our criminal solicitors can assist with:
- A Detention Order being made by the Magistrates’ Court to allow the police to hold it for up to two years whilst they investigate
- A Forfeiture Order by the magistrate’s court unless the individual can prove the cash was from a legitimate source and for a legitimate purpose
- This applies even if the cash belongs to someone else — and it is exceedingly difficult for that third party to be heard to get their cash back
- Recovery of costs issues
Restraint of Assets Lawyers
If the relevant grounds exist and there is a real risk that recoverable property will be dissipated, the authorities will often apply for a restraint or freezing order. This legislation, commonly applied by the CPS and Serious Fraud Office, can leave individuals unable to access their own cash to pay for a legal defence.
These confiscation orders can be crippling for businesses and individuals, but applications can be made to release funds to ensure a business or household is kept running.
We have broad experience in dealing with restraint proceedings and freezing orders. We have worked with individuals and businesses with assets totalling millions of pounds, in both the UK and overseas.
Our criminal solicitor services include:
- Applying for the release of restrained funds to maintain income
- Assistance with repatriation of assets
- Payment of specific debts
- Dealing with management receivers appointed to preserve restrained assets
- Applying for variation and discharge of restraint or freezing orders
- Advice on corporate recovery or liquidation
- Preparing statements required by the court
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Our team are on hand for expert legal advice, general enquiries and will provide a free initial consultation.