If you have been convicted of an offence and are suspected of gaining financial benefit from being involved in the crime, you could face confiscation proceedings in court. You will be ordered to pay back at least the profits you have made and could potentially spend time in prison.
At Cartwright King, we acknowledge that genuine mistakes can be made by both yourself and the authorities. If you have been subject to an investigation whereby you face confiscation proceedings, it is in your best interests to seek legal advice from the outset. We are available to represent you in court and will make an appeal on your behalf if necessary.
Free Initial Telephone Consultation
Our highly skilled Confiscation solicitors are here to take the worry off your hands. We can provide an initial telephone consultation to see how we can assist in your case. For more information, please call us on 0808 168 5550 or email email@example.com.
Confiscation Proceedings and the law
Under the Proceeds of Crime Act 2002, the prosecution have the legal authority to request the court that has convicted you to initiate confiscation proceedings against you. During the investigation, it will be determined whether you have financially benefitted from criminal activity and if so, should be ordered to pay the money back.
The process which takes place involves the following:
a) Determining if you have a criminal lifestyle
b) What benefit you received from your criminal activity
c) Calculating how much you must pay
Examples of the most common offences which lead to confiscation proceedings include theft, money laundering, drug dealing, fraud and any regulatory offences. Once you have been convicted of such criminal activity, you will have to undergo Confiscation Proceedings.
The Proceeds of Crime Act permits the prosecution to make assumptions as to how much you have benefitted from a criminal lifestyle and then to assess what Realisable Assets you have, which also includes any assets such as property and money given to friends and family. Some of the assumptions made by the prosecution can be challenged but you will need experienced legal advisers to ensure that all possible challenges are made on your behalf.
What punishment could you face?
If the Court makes a Confiscation Order it will be in two parts: the Benefit figure and the Realisable Assets figure. You will then be ordered to repay the Realisable Assets figure, which can involve having to sell property and other assets to meet this figure On making the Confiscation Order the Court can give you a maximum period of three months to make the payment which can be extended to six months for good reason. At the making of the Confiscation Order the Court will specify a sentence of imprisonment to be served in the event of non-payment within the period given. The length of this sentence, known as the Default Term, varies according to the amount to be paid, but can be up to 14 years in the most serious cases, and is always consecutive to whatever sentence you were given for the offence itself.
Confiscation is a complex area of law and it is essential that you have professional legal guidance from the outset. If you are undergoing confiscation proceedings, it is essential that you seek expert legal advice as early as possible.
Cartwright King’s Defence Solicitors are available to advise and guide you through the legal proceedings and represent you in court if making sure that the strongest defence case is put forward for you. They will also advise about your right to appeal should the need arise.
How we can help
If you are facing confiscation proceedings, our experienced solicitors are available to put forward your case in the best possible light and advise you throughout the entire process. We promise to:
- Advise you throughout the entire process
- Advise you on a confidential basis of any concerns you have
- Prepare and collate all required documents
- Represent you in court if necessary
- Take the worry off your hands
- Argue your case
- Prepare an appeal if necessary
Why Choose Us?
At Cartwright King, our solicitors understand the stress confiscation proceedings will cause and the long term consequences that could potentially affect you, your family and your future. We are available to support you throughout the entire process, explain the likely outcomes and fight on your behalf.
Amidst the Coronavirus outbreak, our team of Fraud solicitors are adopting Skype video calling to continue providing excellent legal services to you.
How to make contact
If you require any legal advice or if you would like a no obligation, free initial telephone discussion, then please call us on 0808 168 5550. Alternatively you can email the Fraud team on firstname.lastname@example.org and we will get back to you as soon as possible.
Our Confiscation Solicitors can provide advice across the country and are happy to meet at a time and location that suits you. We also have a network of offices in London, Birmingham, Bedford, Bolton, Derby, Leeds, Leicester, Luton, Manchester, Milton Keynes, Newcastle Gateshead, Northampton, Nottingham, Oxford, Reading, Sheffield and Worcester.