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10th October 2017

 

WARNING

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.

Full details of our services

 

What we will do:

  •  conduct the POCA procedure from it's inception until the final order is made.
  • attend upon your client and take their instructions as often as it is necessary during the investigation whether they are in custody or sentenced in the community.
  • ensure that our main focus is always to legitimately reduce the Crown's Benefit and Free Property figures in your client's favour.
  • analyse all your client's bank statements in detail and correspond with the relevant financial institutions to assist the client to account for any unidentified lodgments indicated by the Crown. Where necessary we will prepare spreadsheets showing the flow of money between various accounts.
  • check all valuations provided by the Crown in relation to your client's property and when necessary obtain independent valuations of our own from recognized professionals.
  • ensure that all significant deadlines are met in relation to the Crown Court POCA timetable and we will prepare and dispatch the relevant responses checked and signed by your client. When adjournments are thought necessary in the interests of justice we will apply in good time to the court and keep your client informed.
  • attend all hearings required in the case to assist counsel and your client to best present the case.
  • ensure that your client's personal and business information is dealt with confidentially and that all paperwork and electronic information is stored securely.
  • ensure that your client fully understands the meaning and impact of any orders made by the court at the conclusion of the case.
  • confer with you at regular intervals and prior to all critical decisions.


What we will need from you:

  •  The Crown Court POCA timetable.
  • Your client's interviews with the police.
  • Any Basis of Plea agreed at court.
  • Any financial information already obtained during the case.