Proceeds of Crime Act (POCA) Proceedings

We deal with POCA applications made against defendants and interested third parties (those who own property which may be subject to confiscation).

The offences involved determines whether the POCA is one of a “criminal lifestyle” or “particular criminal conduct”.

Criminal lifestyle offences, such as supplying controlled drugs, allow the Court to make 4 assumptions;

• Any property transferred to the defendant within a 6-year period ending on the day proceedings were started was obtained as a result of your general criminal conduct (proceedings start on issue of summons or warrant, on charge or requisition).
• Any property held after date of conviction was obtained as a result of his general criminal conduct (it does not matter when the property was obtained)
• Any expenditure incurred within that 6-year period was met from property obtained as a result of your general criminal conduct.
• You are the only person with an interest in the property obtained (a court is permitted to determine the extent of a defendant’s interest if he does not have sole interest).

The Prosecution will seek to show what “benefit” you have received from your convictions and “criminal lifestyle”. They will then seek to recover the Benefit Figure from any Available Amount you have, such as cash, property or other assets.

If you are a defendant or an interested third party it is important that you are properly represented in POCA proceedings and we will make sure that a detailed Statement of Truth (Affidavit) and section 17 and 18 statements are served in line with your instructions. We will also challenge any Benefit Figure where possible.