The powers of the state to recover monies under the Proceeds of Crime Act 2002 (POCA) are extensive and complex. EA Law – East Anglian Chambers can assist you at every stage in preparing and presenting your defence.
Proceeds of Crime
Our barristers at EA Law - East Anglian Chambers are experienced lawyers in all aspects of confiscation proceedings as defence and prosecution lawyers including in criminal proceedings before the Crown Court and civil recovery proceedings before the Magistrates’ Court.
Where a Defendant is successfully prosecuted for an offence, the authorities can pursue them for payment of a sum equivalent to their benefit from that particular offence, e.g. the value of drugs seized. However, the authorities can go further if the offence is a designated a ‘lifestyle offence’ by looking back at all transactions over the previous six years. If they consider the ownership of any assets cannot be explained, they will apply to confiscate them unless the Defendant can prove he or she does not have the property alleged. Our Criminal Law barristers can advise on restraint orders, appeals or any other aspect of POCA.
The authorities have the power to seize assets even where there is no criminal conviction. EA Law - East Anglian Chambers are experienced at assisting parties in preparing their case for applications under section 298 of the Proceeds of Crime Act 2002 including witness statements and help at court. The state can ask for monies or assets to be forfeited if they can prove on the balance of probabilities that they are the recoverable property (e.g. cash earned from criminal activities) or intended for use in criminal conduct. We have a strong reputation for getting good results in these civil recovery hearings in the Magistrates’ Court and on appeal after many years experience acting for both the authorities and defendants.
Please call us now on 01473 218841 and speak to a member of our Clerking Team for further advice and assistance.