At GSB, we possess extensive expertise in handling confiscation proceedings that arise after clients’ convictions. We can help you navigate through these complex proceedings and secure the best possible outcome for you. 

If you are experiencing any of the following issues, please get in touch with us: 

  • Cash seizure and forfeiture proceedings 
  • Restraint orders 
  • Confiscation proceedings 
  • POCA civil recovery proceedings 
  • Third party interest 
  • Enforcement proceedings 
  • Certificates of inadequacy 

What is a Confiscation Order?

A confiscation order is a court order issued after a criminal conviction. It seizes funds or possessions from the accused that are deemed to be the profits of their criminal activity. Confiscation orders are distinct from fines. Fines serve as a penalty for the offence committed, whereas confiscation orders aim at the financial gains obtained through the criminal act.

What are Proceeds of Crime?

The term “Proceeds of crime” refers to the money earned from engaging in illegal activities. These earnings can be acquired through various unlawful acts like fraud, money laundering, corruption, and other criminal offences. 

Proceeds of Crime Act (POCA)

The Proceeds of Crime Act is a law designed to combat money laundering and the acquisition of assets through illegal activities. 

This has allowed authorities to have broad and strict powers to examine the assets of individuals under investigation. Proceedings under the Proceeds of Crime Act often involve the prosecution’s efforts to seize assets that may belong to third parties. 

If you believe that an asset belonging to you has been incorrectly included in the confiscation proceedings of another you should act before the final confiscation order is made. 

Criminal Law Solicitors

If you require professional and unbiased legal advice regarding confiscation proceedings, then please contact us to find out more about how our criminal law solicitors can help you.

FAQs

You will have to appear before court and explain why you can’t pay, sometimes the court will allow you more time to pay.  In some circumstances you can apply for a certificate or inadequacy.

If you still don’t pay the money owed then the court can activate the default sentence that was set at the time the order was originally made.