A Guide to Litigating Proceeds of Crime Act Matters for the Defence & Prosecution

Introduction

The changes brought in by the Serious Crime Act 2015 have altered not only the legal landscape but the best tactics to be deployed at every stage when advising clients or when considering the best course to prosecute.

The real game changer, however, was there all along: the application to reopen the confiscation order.

The use of this power, infrequently in the past, has become almost inevitable, altering the way in which both sides prepare for and conduct POCA litigation and hearings.

This live broadcast session will show you how to approach every stage of POCA and is aimed at both prosecution and defence who may come into contact with post conviction confiscation applications made by the Crown or any other prosecuting body either in the Crown or Magistrates’ Courts.

What You Will Learn

This live and interactive broadcast will cover the following:

• The routes to post conviction confiscation from both Magistrates and Crown Court
• What to include in a defence responses under s18 and s17 of POCA
• When to rearrange a POCA timetable
• How to deal with unexpected hiccups prior to confiscation hearing - transfer of legal aid, conviction appeal, third party applications
• Remaining focussed - the interrelationship between benefit figure, available amount and recoverable amount
• Calculation of time in default and time to pay in light of the 2015 changes
• Explanation of the theories of ‘hidden assets’, ‘tainted gifts’ and ‘proportionality’
• How to deal with an available asset that won’t sell
• The law and practice behind re-openings of confiscation orders
• Time limits, proportionality, tactical approaches
• The regimes governing pre-charge cash restraint and cash forfeiture without conviction

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.