What is a confiscation order?
A confiscation order is an order made against a convicted defendant ordering him to pay the amount of his benefit from crime. Unlike a forfeiture order, a confiscation order is not directed towards a particular asset. It does not deprive the defendant or anyone else of title to any property.
Can you appeal a confiscation order?
A confiscation order constitutes a sentence for the purposes of appeal. Accordingly, the defendant may appeal against the making or the amount of the order with the leave of the Court of Appeal.
Are confiscation proceedings civil or criminal?
Civil Confiscation Proceedings There is no need for anyone to have been convicted of a criminal offence. Whereas criminal confiscation can only follow conviction for a criminal offence (which has to have been proved beyond reasonable doubt or by a guilty plea), civil confiscation proceedings have no such requirement.
How does a Poca work?
POCA gives the powers to seize cash derived from or intended for use in crime, and to secure its forfeiture in magistrates’ court proceedings. No conviction is required for the forfeiture of the cash to be ordered; cash forfeiture proceedings are civil proceedings and the civil standard of proof applies.
How long does a confiscation order last?
A Confiscation order must usually be paid on the date it is made, but the court can grant 6 months, or in exceptional circumstances 12 months, to pay.
Are confiscation orders unfair to offenders?
To punish a defendant because of such circumstances, where nonpayment is completely beyond their control, is manifestly unfair. It should also be borne in mind that when confiscation orders are made, the burden rests entirely on defendants to show that they do not have the means to pay.
How long does confiscation order last?
How far can POCA go back?
Relevant period? This is 6 years from the date of an offence. If the offence spanned a period, then it is when that period is alleged to have begun. This is sometimes how POCA proceedings begin not only after a conviction but before and during the criminal matter.
What happens at a confiscation hearing?
A Financial Investigation Officer, working for the Police, will produce a statement which sets out the amount of criminal benefit. The court will then make an Order which requires the defendant to pay this amount or the value of their available assets, whichever is lower.
Can POCA take inheritance?
Yes. As long as the benefit figure is higher than the sum paid the Prosecution can apply to the Court to re-determine the original available assets and ask for more. This can be from any source of money even an inheritance or even lottery winnings.
The confiscation order is made for the lower of the recoverable amount or the available amount. However once the figure has been set it must then be proportionate, as set out in the European Convention on Human Rights.
What is a confiscation order under POCA?
This is done under s18 of the PCA 2002 and is normally done before the prosecution provide their s16 statement and will include a request for details of all of your bank accounts, property owned by you and any other matter relating to your finances. Confiscation order under the POCA regime are extremely serious and can be life changing.
How long do you have to pay a confiscation order?
Once the court has determined the amount of the confiscation order, it can give you up to three months to pay which can be extended to up to six months from the date of the confiscation order. The court must then fix the length of prison sentence you must serve if you do not make payment.
Who is kept informed about confiscation orders made against prisoners?
2.1 It is a requirement that the Prosecution Enforcement Units and HMCS Regional Confiscation Units (RCU) must be kept informed about prisoners who have had a confiscation order made against them.