Criminal Confiscation

What is Confiscation?

•  There is a separate stage in the proceedings, after any conviction and sentence called 'Confiscation'.

• This is when the Court makes  an Order that you pay an amount of money to reflect how you have 'benefited' through your offending.

•  The Court also sets a default sentence and a time to pay. If payment is not made by that date, you may be required to serve a default sentence.

•  Unfortunately, the Confiscation Order remains active even after you have served any default sentence, and interest will be added to the amount you owe.

What can we do to help?

•  We have extensive experience in contesting and negotiating successful outcomes within Confiscation Proceedings. We can utilise expert forensic accountancy services to ensure the Prosecution analysis of your alleged 'benefit' or your 'realisable assets' is accurate.

• We will negotiate with the prosecution to reduce the benefit and available amount, or, in more contentious cases, prepare for a fully-contested Confiscation Hearing.

• We also have experience of representing third parties who have an interest in the outcome of any Confiscation Proceedings, such as spouses. We can advise you of how and when to best assert any interest you may have.

• We regularly conduct High Court challenges to outstanding Confiscation Orders, by way of Certificate of Inadequacy applications, or Appeals to the Court of Appeal where appropriate.

•  We work alongside leading Barristers in this field, such as 3 Raymond Buildings, 33 Chancery Lane and Furnival Chambers amongst others.

• In addition to preparing for Confiscation Hearings, we also have experience of handling Restraint Orders, which are most often imposed at the early stages of a criminal investigation, and where large sums of money are involved.
• We can advise if legal aid is available or offer you competitive private client rates.
• Enquire here for more information