Confiscation

Our barristers represent defendants and also act on behalf of prosecution authorities in all forms of confiscation cases brought before the criminal courts, to a sustained level of excellence.

They help clients deal with the regulations and legalities of POCA. There is a range of possible outcomes in many cases. Barristers with sound knowledge of such cases, who are good strategists, can make a substantial difference to a client’s position.

Confiscation of the Proceeds of Crime

Confiscation is a tool to deprive offenders of the proceeds of their criminal conduct; to deter the commission of further offences, and to reduce the profits available to fund other criminal enterprises. The prosecution considers asset recovery in every case in which a defendant has benefited from criminal conduct and should instigate confiscation proceedings in appropriate circumstances. When confiscation is not warranted or cost-effective, consideration is given to alternative asset recovery outcome.

The prosecution strategy aims to recover more criminal assets, located both in the UK and overseas. The Asset Recovery Strategy is to:

  • Prioritise the recovery of assets from serious and organised crime and serious economic crime;
  • Pursue the assets of all who profit from crime, when it is proper to do so;
  • Assist international prosecution authorities to enforce assets on the national prosecution authority’s behalf and where necessary assist them in developing their asset recovery capacity and capability; and
  • Improve the enforcement of confiscation orders.

Proceeds of Crime Act 2002 (“POCA” or “the Act”)

For further information; https://www.cps.gov.uk/legal-guidance/proceeds-crime

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