CRIMINAL LIFESTYLE under the Proceeds of Crime Act 2002

Aug. 7, 2010 - PRLog -- Section 75 of the Proceeds of Crime Act addresses the issue of CRIMINAL LIFESTYLE. This is a crucial term as if it is held that a Defendant has a CRIMINAL LIFESTYLE then it opens up the "Floodgates" to an enquiry as to a Defendant's general criminal conduct and not conduct relating to this particular offence (or these particular offences.)

A Defendant has a CRIMINAL LIFESTYLE if the offence is specified in Schedule 2 of the Act. Similarly he comes within that definmition if the offence or offences form part of a course of criminal activity or if it is an offence committed over a period of at least six months and the Defewndant has benefited.

Schedule 2 Offences are drug trafficking; Sections 327 and 328 of the ACt - money laundering; Directing terrorism; people trafficking; arms trafficking; counterfeiting; intellectual property offences; brothel keeping and pimping; blackmail.

In order to otherwise qualify, an offence which "constitutes conduct forming part of a course of criminal conduct, there must have been three or more offences in the current proceedings each of which constitutes conduct from which he has benefited or such an offence on at least two separate occasions in the six years before the current proceedings were started. In either case, the Defendant must have obtained "relevant benefit" of not less than £5000.

As to an offence committed over a period of at least six months, this is dependent on evidence as to the length of time rather than merely relying upon the wording of the charge.

CRIMINAL CONDUCT is defined as conduct which constitutes an offence in England and Wales or would constitute such an offence if it occurred in England and Wales.

For more information go to: www.confiscationproceedings.co.uk  or call 0161 485 1100 (Milton Firman)