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Enquiry Form (Please type your question, post town, contact number and email address in the boxes below then click submit) |
Confiscation OrdersConfiscation Orders are usually made under the Proceeds of Crime Act 2002 ("POCA 2002"), but older Orders may have been made under the Drug Trafficking Act 1994 (DTA 1994) or the Criminal Justice Act 1998 (CJA 1998). You will be able to apply for public funding (legal aid) for us to advise and represent you in relation to these proceedings. Here are some frequently asked questions regarding Confiscation Orders. If you would like us to advise you with regard to your Confiscation Order, please don't hesitate to get in touch using the form above or calling our freephone number. Q. Am I entitled to legal aid for these types of cases? A. Legal aid for proceedings in the Magistrate’s Court is granted subject to means, but we will be able to give you free initial advice to see whether you are able to qualify for legal aid. If it is refused we are able to represent clients privately at very competitive rates. Legal aid for Crown Court and High Court applications is not means tested, but costs can be ordered against you if the application is not successful, we will obviously advise you beforehand if we feel this is a risk. A. We will prepare the application on your behalf, as it must be in writing and must also be supported by a detailed statement from you, together with any supporting witness statements and exhibits. The application is then lodged to the Crown Court where the original Confiscation Order was made. The Court will then list the matter for a hearing, when we will attend to represent you. A. The Crown Prosecution Service (CPS) for the specific area must be notified and served with all the relevant documents. The CPS may sometimes be prepared to agree to the application, which may then avoid the need for a Court hearing. The local Court Confiscation Unit will also have to be notified, they will in turn notify the police/prosecution financial investigator, who may examine the application and your means in further detail. A. Yes, the Confiscation Unit for your area will continue to enforce the Order and may ask the Magistrates to activate the default sentence and send you to prison, although the enforcement proceedings before the Magistrates Court can usually be adjourned pending the outcome of the variation application to the Crown Court. However the interest will still continue to be added to the outstanding amount in the meantime. A. This is an application which can be made to the High Court in London, setting out in detail why assets have proved inadequate to pay off a Confiscation Order in full A. This application must be done on a specific court form and supported by a sworn statement and any supporting evidence. We will also prepare a proposed draft of a Certificate of Inadequacy on your behalf, for the Court and CPS to consider. A. We will send them on your behalf to the Administrative Court Office, Royal Courts of Justice, The Strand, London. District High Court Registries do not have the power to deal with these applications. A. This will depend who prosecuted the original case, whether it was, for example the CPS, Customs and Excise, or the Department of Work and Pensions. We will be able to clarify this for you before the application is submitted. They may sometimes be able to agree the application and again, the local Confiscation Unit should always be notified. A. Once this happens, a hearing must immediately be requested by the defence at the original Crown Court which made the Order, for an amended Order to be issued. A. Yes, the interest will still continue to be added to the outstanding amount, as detailed above. This firm is repeatedly asked to assist clients who have already, at some time, during the course of an investigation or Court proceedings instructed Solicitors. We are used to dealing with such enquiries and advising as to the transfer of a case from previous Solicitors to this practice. It is important to those the subject of an investigation or prosecution, that they are confident in the Solicitors that they instruct and that they consider those that act for them are doing everything they possibly can to assist. We offer free initial legal advice, either over the phone, via e-mail or face to face if required. Please contact us using the Contact Us link or by asking our solicitors a question using the simple form above. Our initial advice is free. You can also contact us via e-mail, text message or by telephoning the FREEPHONE number 0800 988 5124.
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