Barristers at St Pauls Chambers provide legal advice and strategy guidance on all aspects of financial crime, including Proceeds of Crime Act.

What is Asset Forfeiture?

All asset forfeiture procedures are initiated under the Proceeds of Crime Act 2002 (POCA), which fall into three types:

  • Confiscation proceedings
  • Cash forfeiture 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. Experienced barristers at St Pauls can provide legal advice at every step of the way during any forfeiture proceedings.

Confiscation 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

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.

 

“The clerking team is responsive, extremely approachable and knowledgeable”

The Legal 500

Get in touch

For further information and enquiries please contact our clerks team.

Proceeds of Crime Act Barristers

Sam Green KC

Sam Green KC

Joint Head of Chambers

Call: 1998 Silk: 2015

Denise Breen-Lawton

Denise Breen-Lawton KC

Joint Head of Chambers

Call: 2000 Silk: 2024

Nigel Sangster KC

Nigel Sangster KC

Call: 1976 Silk: 1998

Richard Barraclough KC

Richard Barraclough KC

Call: 1980 Silk: 2003

Simon Myerson KC

Simon Myerson KC

Call: 1986 Silk: 2003

Jane Bewsey KC

Jane Bewsey KC

Call: 1986 Silk: 2010

Jonathon Sandiford KC St Pauls Chambers

Jonathan Sandiford KC

Call: 1992 Silk: 2020

Cameron Brown KC

Cameron Brown KC

Call: 1998 Silk: 2020

Nicholas Worsley KC

Nicholas Worsley KC

Call: 1998 Silk: 2023

James Bourne-Arton

James Bourne-Arton KC

Call: 2001 Silk: 2024

Alasdair Campbell

Alasdair Campbell

Call: 1999

Licensing Law

Andrew Stranex

Call: 2000

Jane Brady

Jane Brady

Call: 2001

Danielle Graham

Danielle Graham

Call: 2003

Hal Watson

Hal Watson

Call: 2003

James Lake

James Lake

Call: 2005

Helen Chapman

Helen Chapman

Call: 2006

Angus MacDonald

Angus MacDonald

Call: 2009

George Hazel-Owram

George Hazel-Owram

Call: 2012

Kristina Goodwin

Kristina Goodwin

Call: 2013

Frances Pencheon

Frances Pencheon

Call: 2015

Jessica Heggie

Jessica Heggie

Call: 2017

Contact Us

Chambers is centrally located within walking distance of the train station, secure car parks and the Courts.

Contact Us

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]

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