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Home / Criminal Law / Asset Recovery

Asset Recovery

Barristers at St Pauls Chambers provide legal advice and strategy guidance for those facing Proceeds of Crime Proceedings.

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CONTACT THE CLERKS

  • Clerk Jayne Drake

    Jayne Drake

    0113 2270703 Email
  • Clerk Matthew Taylor

    Matthew Taylor

    0113 2270706 Email
  • Clerk Kelly Staniforth

    Kelly Staniforth

    0113 2270705 Email

What is Asset Recovery?

Asset recovery defines the process of tracing and recovering assets, such as property, vehicles or cash, that have been obtained through illegal activity.  This should not be confused with those who have been the victims of fraud.   This terms refers to the process of removing assets from those who have gained such assets from illegal activity.  It is important for those who face recovery under the Proceeds of Crime Act 2002 to seek legal advice as soon as possible.

Asset Recovery

All asset recovery law is initiated under the Proceeds of Crime Act 2002 (POCA), which fall into three types:

  • Confiscation proceedings
  • Cash recovery proceedings
  • Civil recovery proceedings currently brought by the Assets Recovery Agency (ARA)

Neither cash proceedings nor proceedings for a civil recovery order require a prior criminal conviction.

Asset Recovery Law: Confiscation Proceedings

Confiscation proceedings follow the vast majority of crimes involving fraud, tax evasion, and money laundering. The proceedings can follow the course of confiscation, cash seizure, restraint, receivership, or freezing orders. They are in place to deprive the defendant, as well as friends, family, or colleagues, of any possible financial benefit from criminal conduct.

Asset Recovery Law: Cash Recovery Proceedings

Civil recovery proceedings are taken in the High Court. It needs to be established that on the balance of probabilities, criminal activity has taken place and the funds which it seeks to recover represent the proceeds of crime. Unlike confiscation proceedings, civil recovery concentrates on the property in actual ownership of the defendant.

Expert Asset Recovery Barristers

Experienced barristers at St Pauls can provide legal advice at every step of the way during any asset recovery law proceedings. If you need such legal advice, please get in touch.

St Pauls Chambers Building
Our barristers can assist completely throughout asset recovery law proceedings, providing legal advice each step of the way.

Barristers

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KCs

  • Sam Green QC Joint Head of Chambers

    Sam Green KC

    Call: 1998

    Silk: 2015

  • Nigel Sangster QC

    Nigel Sangster KC

    Call: 1976

    Silk: 1998

  • Richard Barraclough QC

    Richard Barraclough KC

    Call: 1980

    Silk: 2003

  • Simon Myerson QC

    Simon Myerson KC

    Call: 1986

    Silk: 2003

  • Bryan Cox

    Bryan Cox KC

    Call: 1979

    Silk: 2005

  • Jane Bewsey QC Associate Tenant

    Jane Bewsey KC

    Call: 1986

    Silk: 2010

  • Simon Bickler QC

    Simon Bickler KC

    Call: 1988

    Silk: 2011

  • John Harrison QC

    John Harrison KC

    Call: 1994

    Silk: 2016

  • Jonathan Sandiford

    Jonathan Sandiford KC

    Call: 1992

    Silk: 2020

  • Cameron Brown Associate Tenant

    Cameron Brown KC

    Call: 1998

    Silk: 2020

There are no KCs suiting filter condition

Members

  • Denise Breen-Lawton Joint Head of Chambers

    Denise Breen-Lawton

    Call: 2000

  • Jeremy Barnett- Barrister

    Jeremy Barnett

    Call: 1980

  • Philip Standfast

    Philip Standfast

    Call: 1980

  • Nikki Saxton

    Nikki Saxton

    Call: 1992

  • Robert Smith

    Robert Smith

    Call: 1995

  • Derek Duffy

    Derek Duffy

    Call: 1997

  • Nick Worsley Barrister

    Nicholas Worsley

    Call: 1998

  • Alasdair Campbell

    Alasdair Campbell

    Call: 1999

  • Andrew Stranex

    Andrew Stranex

    Call: 2000

  • Jane Brady | Barrister Leeds

    Jane Brady

    Call: 2001

  • James Bourne-Arton

    James Bourne-Arton

    Call: 2001

  • Danielle Graham

    Danielle Graham

    Call: 2003

  • Hal Watson

    Hal Watson

    Call: 2003

  • James Lake

    James Lake

    Call: 2005

  • Andrew Nixon

    Andrew Nixon

    Call: 2006

  • Helen Chapman

    Helen Chapman

    Call: 2006

  • Voldi Welch - Barrister at Law

    Voldi Welch

    Call: 2008

  • Avatar Small

    Hannah Hinton

    Call: 2008

  • Angus MacDonald

    Angus MacDonald

    Call: 2009

  • Sophie Mitchell

    Sophie Mitchell

    Call: 2010

  • Hannah Lynch

    Hannah Lynch

    Call: 2011

  • Stephen Flint

    Stephen Flint

    Call: 2012

  • George Hazel-Owram

    George Hazel-Owram

    Call: 2012

  • Kristina Goodwin

    Kristina Goodwin

    Call: 2013

  • Stephen Elphick

    Stephen Elphick

    Call: 2014

  • Charlie Greenwood

    Charlie Greenwood

    Call: 2015

  • Frances Pencheon

    Frances Pencheon

    Call: 2015

  • Jessica Heggie

    Jessica Heggie

    Call: 2017

  • Harry Crowson

    Harry Crowson

    Call: 2018

  • Temitayo Oguntade

    Temitayo Dasaolu

    Call: 2018

  • Ayman Khokhar

    Ayman Khokhar

    Call: 2018

  • Emma Handley

    Emma Handley

    Call: 2019

  • Person Icon

    Matthew Moore-Taylor

    Call: 2020

There are no Members suiting filter condition

Asset Recovery Law Barristers at St Pauls Chambers

St Pauls Chambers can advise both parties facing a freezing order as well as parties seeking to implement an injunction. To those facing a freezing order, St Pauls Chambers can advise as to disclosure (which is often onerous, given freezing orders are invariably sought on a without-notice basis), ancillary orders, compliance with orders and potential breaches of orders.

St Pauls Chambers can also advise on urgent applications and the common pitfalls to avoid, as well as on the implementation of orders (including who needs to be liaised with to ensure implantation is as effective as possible, such as banks and the Land Registry).

Counsel are often instructed to prepare effective, concise skeleton arguments and thereafter to attend the initial application at Court and, if necessary, a full hearing. These applications are usually made to a judge in the High Court or circuit judge in the County Court. Many cases are resolved through negotiation with the assistance of counsel, and we will advise on the best strategy to achieve this.

St Pauls Chambers acts for both applicants and respondents to freezing orders, and both individuals and businesses. We recognise the importance of speed and discreetness in such an area of law.

Proceeds of Crime

When defendants are convicted of an offence, either by pleading guilty or being convicted after a trial, they may be subject to a POCA application.

Any application falls into two parts;

  1. What has the defendant benefited from either for the offence or in the past from crime? (BENEFIT)
  2. What can he or she afford to pay? (AVAILABLE AMOUNT)

The first step is always the benefit figure.

Certain offences listed in Schedule 2 (normally drugs offences and the like) of POCA will mean the defendant has a ‘criminal lifestyle’. If not, the court will ask whether he or she has benefited from that offence. The main question at the outset is therefore whether the prosecution is saying that the defendant has benefited from just that offence or has a criminal lifestyle. If the court finds the defendant to have a criminal lifestyle, the effects are significant.

The court will then look back up to six years and assumes all unaccounted monies, exchanges of property, payments that have been from crime. For example, someone may have gifted him/her £10,000 five years before the current offence; this will be considered criminal unless the defendant can prove it didn’t come from criminality.

The defence has to look back through six years’ worth of receipts, claims, and property transactions, also proving to the court that they are legitimate.

How St Pauls Can Help

Barristers at St Pauls are highly experienced in the provisions of the Proceeds of Crime Act (POCA) and ready to defend and advise through the complexities of either proceedings or appeals. Contact us at St Pauls and we will put you in touch with a solicitor, an accountant and a barrister.

Court Process During Asset Recovery Proceedings

The first step is for the prosecution to inform the defence that POCA proceedings will follow. This is usually on the day of sentence for the main offence.

A timetable will always be set, which will follow the following rough guide:

  • Section 18 statement (defence) – an affidavit from the defendant stating the total assets he holds;
  • Section 16 response (prosecution) – the prosecution provide a report from a financial investigator stating what the benefit figure and available amount is;
  • Section 17 (defence) – response from the defence arguing, usually, that either or both the benefit figures and available amount is too high;
  • A directions hearing and then a final hearing if the case does not settle before then.

There are three important considerations to make during this.

Firstly, is the case particular criminal conduct (that offence only), or general criminal conduct (lifestyle)?

Secondly, what is the available amount?

Thirdly, negotiation of the lowest possible figure.

Restraining Orders

During asset recovery proceedings, the Drug Trafficking Act (DTA), the Criminal Justice Act (CJA) can give the High Court jurisdiction to make a temporary restraining order (RO) of assets that are pending in the criminal proceedings. This includes property coming into his possession after the making of the order.

These are often required to be obtained at very short notice, and Barristers at St Pauls have extensive experience of dealing with these matters quickly.

The only limitation to the scope of a RO is that the Prosecutor must not seek a RO over assets greater in value than the amount by which the Defendant is alleged to have benefited from his crimes. Restraint under the Proceeds of Crime Act 2002 (POCA) applies to all criminal offences committed after 24th March 2003.

There is no distinction between drug trafficking and other criminal offences. Offences alleged to have been committed before that date will be dealt with under the DTA or CJA regime as applicable.

If you would like to instruct one of the barristers on any matter concerning asset recovery/recovery, please contact the clerks.

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Find a Barrister

FILTER BY EXPERTISE

Please select on of the suggested variants.

KCs

  • Sam Green QC Joint Head of Chambers

    Sam Green KC

    Call: 1998

    Silk: 2015

  • Nigel Sangster QC

    Nigel Sangster KC

    Call: 1976

    Silk: 1998

  • Richard Barraclough QC

    Richard Barraclough KC

    Call: 1980

    Silk: 2003

  • Simon Myerson QC

    Simon Myerson KC

    Call: 1986

    Silk: 2003

  • Bryan Cox

    Bryan Cox KC

    Call: 1979

    Silk: 2005

  • Jane Bewsey QC Associate Tenant

    Jane Bewsey KC

    Call: 1986

    Silk: 2010

  • Simon Bickler QC

    Simon Bickler KC

    Call: 1988

    Silk: 2011

  • John Harrison QC

    John Harrison KC

    Call: 1994

    Silk: 2016

  • Jonathan Sandiford

    Jonathan Sandiford KC

    Call: 1992

    Silk: 2020

  • Cameron Brown Associate Tenant

    Cameron Brown KC

    Call: 1998

    Silk: 2020

There are no KCs suiting filter condition

Members

  • Denise Breen-Lawton Joint Head of Chambers

    Denise Breen-Lawton

    Call: 2000

  • Jeremy Barnett- Barrister

    Jeremy Barnett

    Call: 1980

  • Philip Standfast

    Philip Standfast

    Call: 1980

  • Nikki Saxton

    Nikki Saxton

    Call: 1992

  • Robert Smith

    Robert Smith

    Call: 1995

  • Derek Duffy

    Derek Duffy

    Call: 1997

  • Nick Worsley Barrister

    Nicholas Worsley

    Call: 1998

  • Alasdair Campbell

    Alasdair Campbell

    Call: 1999

  • Andrew Stranex

    Andrew Stranex

    Call: 2000

  • Jane Brady | Barrister Leeds

    Jane Brady

    Call: 2001

  • James Bourne-Arton

    James Bourne-Arton

    Call: 2001

  • Danielle Graham

    Danielle Graham

    Call: 2003

  • Hal Watson

    Hal Watson

    Call: 2003

  • James Lake

    James Lake

    Call: 2005

  • Andrew Nixon

    Andrew Nixon

    Call: 2006

  • Helen Chapman

    Helen Chapman

    Call: 2006

  • Voldi Welch - Barrister at Law

    Voldi Welch

    Call: 2008

  • Avatar Small

    Hannah Hinton

    Call: 2008

  • Angus MacDonald

    Angus MacDonald

    Call: 2009

  • Sophie Mitchell

    Sophie Mitchell

    Call: 2010

  • Hannah Lynch

    Hannah Lynch

    Call: 2011

  • Stephen Flint

    Stephen Flint

    Call: 2012

  • George Hazel-Owram

    George Hazel-Owram

    Call: 2012

  • Kristina Goodwin

    Kristina Goodwin

    Call: 2013

  • Stephen Elphick

    Stephen Elphick

    Call: 2014

  • Charlie Greenwood

    Charlie Greenwood

    Call: 2015

  • Frances Pencheon

    Frances Pencheon

    Call: 2015

  • Jessica Heggie

    Jessica Heggie

    Call: 2017

  • Harry Crowson

    Harry Crowson

    Call: 2018

  • Temitayo Oguntade

    Temitayo Dasaolu

    Call: 2018

  • Ayman Khokhar

    Ayman Khokhar

    Call: 2018

  • Emma Handley

    Emma Handley

    Call: 2019

  • Person Icon

    Matthew Moore-Taylor

    Call: 2020

There are no Members suiting filter condition

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