Barristers at St Pauls Chambers provide legal advice and strategy guidance on all aspects of financial crime, including Proceeds of Crime Act.
All asset forfeiture procedures are initiated under the Proceeds of Crime Act 2002 (POCA), which fall into three types:
Neither cash proceedings nor proceedings for a civil recovery order require a prior criminal conviction. Experienced barristers at St Pauls can provide legal advice at every step of the way during any forfeiture proceedings.
Confiscation is a very important area of law. It has far-reaching consequences for defendants. The rules on confiscation appear quite complex but taken a stage at a time they can be easily understood. Defendants will want to ensure that the benefit figure is as low as possible to reduce the amount of money payable under a confiscation order – this will be of particular importance for defendants with a significant amount of assets.
Confiscation proceedings for criminal forfeiture 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.
Civil recovery proceedings are different from criminal forfeiture and are taken in the High Court. It needs to be established that on the balance of probabilities, criminal forfeiture 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.
If you would like to instruct a specialist asset forfeiture barrister or learn more about the Proceeds of Crime Act, please get in touch with our clerking team today.
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For further information and enquiries please contact our clerks team.
Chambers is centrally located within walking distance of the train station, secure car parks and the Courts.
St Pauls Chambers
Park Row House
19-20 Park Row
Leeds
LS1 5JF
For out of hours assistance please call the senior clerk on 07854170429.
The switchboard will open from 08:30 until 17:30
Phone: +44 (0)1132 455 866
Email: [email protected]
CJSM: [email protected]