Third Party Interests in Confiscation Proceedings - The Legal & Practical Issues

Introduction

Many confiscation cases involve the assets of third parties, whether they be partners, associates, or indeed victims of crime. Third parties have historically had the right to intervene at the enforcement stage of confiscation proceedings and to make applications in relation to the variation of restraint orders.

Since 2015, they have also had a right under s 10A Proceeds of Crime Act 2002 to make representations before a confiscation order has been made.

Recent case law indicates that the Court of Appeal are willing to take a generous view of the interests of third parties in appropriate cases and underscores the importance of keeping up to date with this developing area of law.

This webinar will focus on the rights of third parties to participate in confiscation proceedings and on the legal and practical issues that arise in enforcing their rights.

What You Will Learn

This webinar will cover the following:

• Background
• The legislative background
• Identifying interested persons
• Obligations in relation to interested persons
• Advising Third Parties
• Funding
• What rights do third parties have?
• Criminal procedure in relation to third parties in confiscation proceedings
• R v Forte (Michael Anthony)
• Concurrent family proceedings
• Appeal
• Key Cases
• R v Lam
• R v Moore
• R v Bevan (Jeffrey Carlton)
• R v Hilton

This webinar was recorded on 28th November 2022