Free Legal Advice 0161 485 1100 Confiscation Proceedings

April 27, 2010 - PRLog -- The PROCEEDS OF CRIME ACT 2002 spells disaster for a vast number of Defendants. When the nightmare of a criminal case has past, the same Defendant can often face a double whammy! Confiscation proceedings.

The Act is designed to ensure that the State can claw back the monies taken as a result of this particular conviction and, in certain circum,stances, previous criminal behaviour. Though talked about as "confiscation" the Court does not actuallly order the confiscation of property but in fact orders the Defendant to pay money back. The real sting in the tail is that if the sum ordered is not paid, then a further set period of imprisonment is in store. This is serious stuff.

The Court will certainly look at whether there ought to be confisacation proceedings. The CPS (prosecution) can ask or the Court can ask of its own accord. In each case, they will then proviide certain directions to follow. There will be an initial statement from the Prosecution and then the Defendant must reply. The Court will either be entitled to look at his particular criminal conduct or in certain instances - his general criminal conduct.

Generally the advice received from lawyers not specializing in this field of law . POCA - is poor. But the consequyences can be very serious indeed.

For proper advice, NOW, call day or night and weekends   0161 485 1100   Milton Firman

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