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Slater and Gordon Lawyers offer a free initial consultation about Confiscation Proceedings. For expert legal advice or immediate representation call freephone 0800 916 9054 or contact us online.
The Proceeds of Crime Act 2002 requires a Court to hear confiscation proceedings following a conviction for any crime in which a person secures benefit. The purpose of these proceedings is to confiscate from the defendant the financial benefit obtained from criminal conduct.
The Court must decide whether there has been benefit from criminal conduct, the level of such benefit and the amount of defendant’s realisable assets. The Court will then make a Confiscation Order to confiscate the benefit obtained through criminal conduct up to the amount of realisable assets found to be available. A period of imprisonment is also set in default of payment and the debt still remains due even after that sentence has been served.
The Proceeds of Crime Act provides a wide interpretation to the meaning of benefit and in some circumstances allows a Court to make various assumptions as to whether or not a defendant has a criminal lifestyle and calculate the benefit using these assumptions. It also has wide powers to rule that a defendant has hidden assets, which can then be taken into account when calculating the value of the realisable property that is included within the confiscation order.
Slater and Gordon Lawyers is one of the UK's largest and well known law firms with offices in Newcastle, London, Manchester, Ashton-Under Lyne, Liverpool, Chester, Birmingham, Sheffield, Cardiff, Edinburgh, Cambridge, Milton Keynes, Preston, Wakefield and Wrexham.