The Proceeds of Crime Act and Confiscation Proceedings
The Proceeds of Crime Act 2002 (POCA) is an Act of Parliament which provides for the confiscation or civil recovery of the proceeds from crime and contains the principal money laundering legislation in the UK.
The Act is used by authorities to regain some of the money gained by people carrying out criminal activities. The crimes involved can range from Tax evasion to the dealing of illegal drugs.
If you are subject to a Proceeds of Crime Act prosecution, contact Norrie Waite & Slater Solicitors for advice. We have a large and experienced Criminal Defence department and we are experienced in dealing with POCA cases.
In some cases, even if a criminal conviction has not been given, it is still possible for the authorities to pursue a POCA prosecution in order to recover funds in the shape of money, property or other assets. This can be on either a criminal or civil law basis.
Proceedings will be on a civil basis where someone has had items seized by the police because they suspect them to be the proceeds of crime. Criminal charges do not need to be brought.
When someone has been convicted of a criminal offence, POCA proceedings will be on a criminal basis. Money laundering charges may also be brought because the criminal conduct element is much easier to prove after a criminal conviction has been established.
It is important to have specialist legal representation at a POCA court hearing. Mounting a strong defence against these allegations can help to protect the assets that are being pursued by the authorities. In many cases the assets involved are important to the family of the person being prosecuted and may include the family home.
Contact us for more information or to discuss your case.