10th October 2017
Many people have had Confiscation Orders made against them since this Act came into force and over the years many have been advised by their legal representatives to accept huge benefit figures on the basis that " well you're never likely to have that sort of money so you dont' need to worry about it". Since the government Audit Commission heavily criticised police forces for not seizing sufficient assets they have now set up special teams to re-visit old Confiscation Orders to see if the subject has accumulated any new assets since they were convicted. This can be several years after the event and in fact indefinitely as long as there is an outstanding benefit figure. We are finding that many clients do in fact turn their lives around after a conviction and some have family homes, are left money by much loved relatives or are just prudent with money they manage to earn from legal hard work. These clients are always devastated to find out that all their newly acquired assets can be taken by the Prosecution to satisfy an order which they were mistakenly advised to accept on the basis that they would only have to pay the sum if they won the lottery. This bad advice is now ruining many families so please take great care before accepting figures put forward by the Prosecution, have them checked thoroughly by people who are familiar with this work and always look to challenge the Benefit Figure as well as the Available Amount because they are often works of fiction and grossly exaggerated particularly in drug cases.