‘Crime Does Not Pay’ - The Operation of Confiscation Orders under the Proceeds of Crime Act 2002

Introduction

POCA 2002 Confiscation approaches its 25th anniversary. Often seen as an appendix to sentencing in a small number of cases, for many defendants the POCA proceedings are more feared, and more impactive, than the sentence itself.

How is POCA achieving its goal of disincentivising criminality - has it really managed to prove that crime does not pay?

Andy Evans, counsel specialising in POCA proceedings, will take you through this area step by step, from conviction before the Magistrates’ Court to revisiting an Available Amount a decade post-confiscation over the course of a day-long session incorporating presentations, worked problem questions, scenario sessions, and Q&A.

With the aim of ensuring you are not disorientated by the civil litigation background, the reverse burdens of proof, and the litigation-heavy focus of POCA, this virtual classroom seminar will leave you able to comprehend, deploy, and argue confiscation proceedings whether for the Crown or the Defence.

What You Will Learn

This live and interactive course will cover the following:

• How does a POCA begin? How best to approach the timetable, how to deal with timetable changes
• How to remain orientated between Benefit Figure and Available Amount, the interrelationship between the two and where they can evidentially overlap
• The tactics and procedure of a Confiscation Hearing
• Determining Time to Pay and Time in Default
• Enforcement Procedure
• The application of concepts such as Proportionality, Tainted Gift, and Hidden Assets
• The avenues of revisit, caselaw developments on the potential injustice involved, and the present position following the failure to implement the recommendations of the Law Commission Report in POCA of 2022

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.