Proceeds of Crime Act

The Proceeds of Crime Act is a far reaching piece of legislation. It came in to force to combat organised crime and recover cash and assets purchased by the proceeds of crime. The spirit of the legislation is to restrict criminal activity by disrupting cash flow and to act as a deterrent.

It is a draconian piece of legislation in that harsh assumptions are made by the court by virtue of s.10 of the Act. All transfers to the defendant and all expenditure in the six years prior to the start of the proceedings are the proceeds of criminal conduct AND any property held by the defendant after conviction is the proceeds of criminal conduct. This is the case unless the assumptions are shown to be incorrect or there would be a serious risk of injustice.

Confiscation Orders

Our team at Chiltern Law are experienced with such applications and have for many years acted for defendants to reduce the recoverable amount.

It is important to seek advice to assist with the following areas:

  • Reducing the benefit figure “the recoverable amount” (s.7 POCA)
  • Reducing the “available amount” (s.9 POCA)
  • Rebutting the “assumptions” made under the Act (s.10 POCA)
  • Appealing Confiscation Orders

Cash Seizure Detention & Forfeiture

These powers are often used when suspects are arrested and in possession of cash. This part of POCA is only relevant to those found in possession of £1,000 or more.

It is important to seek advice to assist with the following areas:

  • Detention Orders
  • Forfeiture Orders
  • Proving that the funds were from a “legitimate source”
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