Successful Application | Proceeds of Crime | Kangs POCA Solicitors
The Proceeds of Crime Act 2002 (‘POCA’) process is complicated and subject to regular changes in the relevant legislation.
Kangs Solicitors has recently successfully pursued an application to Liverpool Crown Court to extend the period of time in which our client has to discharge his debt under his POCA Order.
Amandeep Murria of Kangs Solicitors comments upon this successful application.
The Circumstances | Kangs Confiscation Order Solicitors
- Our client received a Suspended Sentence Order following a conviction for the offence of Money Laundering.
- Additionally, a Confiscation Order was made by the Court requiring our client to repay the ‘available amount’, her debt, within three months.
- Although our client was making genuine efforts to repay the amount due, it was clear that she would not meet the deadline and powerful submissions were put to the court in support of the application for an extension of time.
- The application was successful and the Court has extended the time to repay the amount due by a further three months.
The Relevant Law | Kangs Proceeds of Crime Specialists
The Proceeds of Crime Act 2002 (‘POCA’) provides:
11 Time for payment
(1) Unless subsection (2) applies, the full amount ordered to be paid under a confiscation order must be paid on the day on which the order is made.
(2) If the court making the confiscation order is satisfied that the defendant is unable to pay the full amount on that day, it may make an order requiring whatever cannot be paid on that day to be paid—
(a) in a specified period, or
(b ) in specified periods each of which relates to a specified amount.
(3) A specified period—
(a) must start with the day on which the confiscation order is made, and
(b) must not exceed three months.
(4) If—
(a) within any specified period the defendant applies to the Crown Court for that period to be extended, and
(b) the court is satisfied that, despite having made all reasonable efforts, the defendant is unable to pay the amount to which the specified period relates within that period, the court may make an order extending the period (for all or any part or parts of the amount in question).
(5) An extended period—
(a) must start with the day on which the confiscation order is made, and
(b) must not exceed six months.
(6) An order under subsection (4)—
(a) may be made after the end of the specified period to which it relates, but
(b) must not be made after the end of the period of six months starting with the day on which the confiscation order is made.
(7) Periods specified or extended under this section must be such that, where the court believes that a defendant will by a particular day be able—
(a) to pay the amount remaining to be paid, or
(b) to pay an amount towards what remains to be paid, that amount is required to be paid no later than that day.
(8) The court must not make an order under subsection (2) or (4) unless it gives the prosecutor an opportunity to make representations.
How Can We Help? | Kangs Proceeds Of Crime Act Defence Solicitors
Our team is led by Hamraj Kang who is recognised as a leading expert in the field. He is one of only two solicitors nationally to be ranked as a ‘star individual’ for four consecutive years in the legal directory Chambers & Partners.
Other members of the team are ranked in the Legal 500 and also ranked in Chambers & Partners.
If you are in need of our expert help and advice please do not hesitate to contact our team through:
Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888
John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521 210
Tim Thompson
tthompson@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888
