Proceeds of Crime Act 2002 provides for Confiscationb Proceedings which in turn spells disaster for many convicted Defendants. Proper informed advice is now available 24/7 from Legal Expert Milton Firman on 0161 485 1100 (every day of the year!)
Press Release (PressBurner) Apr 20, 2010 - The Proceeds of Crime Act 2002 enables the Court of its own volition and/or the Prosecution (CPS) to proceed under the Proceeds of Crime Act. This happens in the Crown Court but can apply to a convicted Defendant from the Magistrates Court. The Court must firstly beieve that there has been some financial benefit arising from the Crime or Crimes There are certain stages the Court has to consider. Was there a CRIMINAL LIFESTYLE? If there was, then they may look at "GENERAL CRIMINAL CONDUCT". If this is not the case, then the Court look at "PARTICULAR CRIMINAL CONDUCT." Once there is a criminal lifestyle, the floodgates are opened and the Court can inquire as far back as it wants. There are certain presumptions made which alter the onus of proof. In many instances therefore, the onus shifts to the Defendant to prdve otherwise. As in civil proceedings, the onus is on nthe balance of probabilities, rather than beyond any reasonable doubt.
There are certain offencves - such as Possession with intent to supply a Class A drug whewre it is automaticaly assumed that there is a criminal lifestyle.
In terns of procedure, the Prosecution provide a Statement as to what assets they arte aware of and what their significance is. The Defendant then has the opportunity to respond. At any time the Court can ask for documentation and/or information from the Defendant.
In one respect, the Defendant might be lucky. If he has not got money, the Court ultimately are bound to look at "Available Property." Clearly it is not a question of making Assets disappear, but it is in effect the art of the possible and not trying to get blood out of a stone.
The real problem and sanction is that the Judge does not, as the name suggests, confiscate property but rather orders money to be paid but in default of which a prison sentence is ordered
