The Proceeds of Crime Act 2002 is a comprehensive piece of legislation that was created to prevent criminals from financially benefitting from their crimes.
The legislation gives the authorities the power to recover and confiscate any assets obtained through illegal activities.
Under the act, the authorities have a number of legal mechanisms at their disposal to recover the proceeds of crime including restraint orders and confiscation orders.
If you are subject to a confiscation order, your family home may be seized to pay back any financial benefits you may have gained from crime.
If you have been served with a restraint order or a confiscation order or made subject to civil recovery, the assistance of an expert criminal defence solicitor can help you explore your legal options and retain the right to keep your home where possible.
Our team of experienced solicitors is committed to providing comprehensive legal support and advocating for the rights of individuals facing charges under the Proceeds of Crime Act.
We can help you navigate the legal process and offer specialist, expert representation to give you the best possible defence.
Call 0333 009 5968 or use our simple contact form to request a call back from one of our solicitors.
Call 07711 627048 at any time 24/7 for urgent police station representation.
What is the Proceeds of Crime Act?
The Proceeds of Crime Act aims to tackle money laundering and other financially beneficial crimes.
It enables law enforcement to confiscate and recover assets gained through criminal activity.
Under the act, the proceeds of crime can be recovered using various legal mechanisms, including:
- Restraint orders preventing individuals from dissipating their assets before they can be recovered.
- Confiscation orders requiring the defendant to repay the value that they gained from illegal activity.
- Civil recovery allowing for the recovery of property that is obtained through unlawful conduct, even if there is no criminal conviction.
The Proceeds of Crime Act covers a wide range of offences, including drug trafficking, human trafficking, fraud, and corruption.
It also requires financial institutions and professionals in various sectors to report suspicious activities and conduct customer due diligence to prevent money laundering.
Can your house be taken under the Proceeds of Crime Act?
Under the Proceeds of Crime Act, the court can enforce the sale of your property to pay a confiscation order.
This means that if you are found to have benefited from criminal conduct, the value of your property can be used to repay the amount determined by the court.
If you refuse to sell your property to pay the confiscation order, the prosecution may ask the court to sell it on your behalf.
The court can appoint an enforcement receiver who has the authority to manage and dispose of the property to meet the confiscation order.
Can joint property be taken under the Proceeds of Crime Act?
You can be forced to sell your property under a confiscation order, even if other parties have an interest in it.
If other parties, such as a spouse or co-owner, have a legitimate interest in the property, their rights will be considered.
However, the primary goal under POCA is to recover the value of the proceeds of crime, and this can result in jointly owned property being seized in the UK.
What do the police do with seized property?
The Proceeds of Crime Act enables law enforcement agencies to identify, seize, and dispose of assets that are believed to be obtained through criminal activity.
This includes assets that are directly derived from criminal activities or those associated with them.
If you are subject to a confiscation order under the Proceeds of Crime Act, any property seized by the police such as property, vehicles and other valuable assets, may be sold through an auction process.
The proceeds from the sale will then be used to satisfy the confiscation order in accordance with the provisions outlined in the Proceeds of Crime legislation.
What is a confiscation order, and how can it affect your home?
Confiscation orders require the defendant to pay a sum to the HM Courts and Tribunals Service following their conviction.
The sum is calculated by the value of the property or financial advantage that the defendant gained from their illegal activity.
The court will assess the defendant’s benefit from the crime and available assets to decide how much must be paid.
If the individual cannot pay the full amount, assets including their home, may be taken under the Proceeds of Crime Act.
What is a restraint order, and how can it affect your home?
A restraint order is a legal measure that freezes your assets, including your home, to prevent them from being dissipated or disposed of, while legal proceedings take place.
Issued under the Proceeds of Crime Act, it ensures that the assets remain available for potential confiscation if you are convicted and a confiscation order is made.
The order can restrict your ability to sell, transfer, or mortgage your property and prevents others from doing this on your behalf.
It aims to freeze any assets suspected of being linked to criminal activity, ensuring they can be used to pay for a future confiscation order.
Contact our solicitors specialising in the Proceeds of Crime Act
If you are faced with an order to recover your assets under the Proceeds of Crime Act 2002, we can offer specialist expert advice and assistance, or representation, from our solicitors to give you the best possible defence.
Contact us by telephone/WhatsApp/SMS at any time 24/7 on 07535 215140, or use our simple contact form, to request a call back from one of our solicitors.
Call 07711 627048 or 07535 215140 at any time 24/7 for urgent police station representation.