+44 (0)20 8692 2694

Proceeds of Crime Act - How much can be taken

If it’s decided that you don’t have a criminal lifestyle, then the amount that can be claimed is the benefit received from that specific offence. So if, for example you’re convicted of stealing £1,000 the amount that can be claimed is £1,000.

However most Proceeds of Crime Act (POCA) cases involve a criminal lifestyle enquiry. That’s where things will get complicated and it can have a devastating effects on you and your family. That’s why it’s crucial to make sure you contact us so that you can take advantage of one of our specialist POCA solicitors.

Any property you hold at time of the crime

Any property owned at the time of the offence can fall foul of the Proceed of Crime Act. This includes the house you live in, cars and any properties abroad. It’s important to note that this also includes any property that is jointly held (or another person has an interest in) irrespective of whether they were involved in the crime. In these circumstances the other party may need separate representation. This will let them show the Court that they have a proper legal interest in that asset. We can help to make sure that the 3rd party has a voice in the confiscation proceedings.

Transferred Properties and Spend

Any property (including money) transferred to you in the last 6 years will be assumed to have come from criminal conduct unless you can prove otherwise. So, the Prosecution’s starting point will be that all money coming into your bank account is all criminal money. You will have to prove that it isn’t.

Some legitimate deposits will be easy to prove (salary, dividend payments). Others may be more difficult, for example if you’re lent money by a family member or friend. It isn’t just money in to your bank account but also money that you’ve spent. So, if you’ve bought a car, for example, in the previous six years you’ll need to prove it came from legitimate funds.

How much can they take?

Once the court has decided on the amount you’ve benefited from and the amount you have they’ll then be order to pay the smaller of those figures. If the amount you’ve benefitted is £100,000 but the amount of your combined property/assets is £50,000 then you will be ordered to pay £50,000.

How long do I have to pay?

When a confiscation order is made, the Crown Court will grant up to 3 months to pay an order.

If for any reason you’re struggling to pay the order due to assets not having sold during the initial 3 months (eg such as houses, cars, or items sent to auction we. can apply to the Crown Court during this initial 3 month period to extend the time to pay for a further 3 months (the maximum allowed under the legislation is 6 month in total).

Cash/ Asset seizures

The minimum sum that the police are allowed to seize is currently £1,000, under the Proceeds Of Crime Act 2002.

A definition of cash includes:

  • notes or coins of any currency
  • banker’s drafts, bearer bonds and bearer shares
  • postal orders and any kind of cheques including traveller’s cheques

a definition of Assets include:

  • Precious metals
  • Precious stones
  • Watches
  • Artistic works
  • Face-value vouchers

Finding a person in possession of £1,000 in cash/assets should not, in itself, be considered suspicious. There must be reasonable suspicion that the cash/asset is the product of or intended for use in criminal activity and if so they can seize and detain the funds.

Cash seizure, detention and forfeiture is a civil procedure and does not require a person to be charged or convicted of a crime, although it can run in parallel with a criminal investigation.

What should I do if a Proceeds of Crime case has been served on me?

Our experienced team of solicitors have dealt with numerous POCA cases, aiding defendants in disputing the evidence presented against them concerning their assets. Each case is approached uniquely, recognising its individual complexities, and we provide customised defence strategies to secure the most favourable outcome for you.

Our services are accessible round the clock, ensuring that you can seek legal advice from one of our solicitors whenever needed.

Get in contact with one of the team by giving us a call or using the contact us form below.

One of the largest UK confiscation orders ever seen

This is a matter that has been before the Courts since 2010 when the defendant was convicted of 13 counts of money laundering. The POCA proceedings were taken over by Nadia Ryman in August 2020 and the legal aid has been transferred by the Courts so that she remained on the case after she joined MK Law. The Crown sought a benefit figure in excess of £30 million and available assets circa £29 million.

There were many 3rd party interests which included assets that are in other jurisdictions (including Delta State in Southern Nigeria, India, Isle of Man, Switzerland and Hong Kong) and others that are perceived as hidden. We assisted the defendant in preparing for final hearing as he was a litigant in person with us advising him on the law and drafting the closing submissions. We successfully removed his family home from the confiscation proceedings.

This case still remains one of the largest confiscation orders the UK has ever seen.

Useful Information

Within this site

More info about POCA confiscation procedures

Legal Aid or privately funding driving charges

More info on Katerina one of our POCA specialists

External

The Proceeds of Crime Act – the legislation

Sentencing guidelines – Money laundering

Crown Prosecution Services website