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.
