POCA stands for Proceed of Crime Act, which specifies the legislation that deals with the recovery of assets in criminal cases. Among these, criminal confiscation is the most commonly applied power once the defendant has been convicted. In addition, the act also allows for many other processes of recovering assets that do not require a conviction such as taxation, cash seizure, and civil recovery power.
Which issues need POCA specialist solicitors?
Most people agree that the POCA is a highly complicated area of law. Therefore, it is important to hire POCA specialist solicitors to make sure that you can get the expected results. In general, they play a key role in:
Restraint orders:Businesses and individuals can be significantly influenced by the restraint orders of the POCA such as assets freezing or repatriation. Highly specialized and experienced POCA specialist solicitors can help you:
– Release the assets of the third party
– Permit the acquisition and sale of assets or vary the restraint orders
– Apply to discharge these restraint orders
Confiscation:In most situations, prosecution would seek a confiscation order if there is a conviction. This would be more complex and take time for substantiation. Considering hiring good POCA specialist solicitors to:
– Overturn the prosecution application to mention criminal cases
– Challenge the prosecution application to open the confiscation order again
– Challenge assumptions such as gifts and criminal lifestyle
– Reduce the available amounts and benefit figures
– Argue against the confiscation proceedings
Enforcement:Once the confiscation order had been made, the court might claim that it should be paid within a specific amount of time. After this period, an enforcement proceeding would be made. In this aspect, the POCA specialist solicitors play a key role in:
– Representing in the magistrates’ court
– Challenging receivers’ appointment to sell his or her assets
– Negotiating the certificates of variations or inadequacy
– Challenging the application to execute the default sentence
– Negotiating to add more time to pay
– Variation and discharge of confiscation orders
Civil recovery:The process of civil recovery often occurs only when a prosecuting agency thinks that a company or individual owns assets that are obtained through criminal activities but doesn’t have enough evidence to make an official criminal case.If this is your case, then the POCA specialist solicitors with extensive knowledge and experience can help you analyse and collate the evidence so that you can negotiate with the authority.