‘POCA’ Basics - An Introduction to Restraint, Confiscation and Forfeiture

Introduction

Now 20 years old, the Proceeds of Crime Act 2002 (POCA) continues to play a central role in the recovery of criminal property. The aim of the regime is to ‘deny criminals the use of their assets, recover the proceeds of crime and disrupt and deter criminality.’

This webinar is designed for those who may encounter POCA proceedings as an add-on to their main areas of practice.

It explains three of the core powers, including the legal tests, the procedures involved, and how they play out in practical terms.

What You Will Learn

This webinar will cover the following:

• Restraint
• The conditions
• The procedure
• FAQs - variation, third parties and contempt of court
• Confiscation
• The key concepts - ‘benefit’, ‘recoverable amount’, ‘criminal lifestyle’
• The procedure
• FAQs - ss.22 and 23 applications, compensation, interest, enforcement
• Forfeiture
• The statutory test and burden
• The procedure
• FAQs - payment of legal fees, costs, third parties

This webinar was recorded on 8th August 2022