The Proceeds of Crime Act legislation is the most commonly used confiscation law. It is often described as draconian. Interestingly, the legislative background demonstrates that it was deliberately drafted to clamp down hard on the what was then seen as a loophole in the law.
Anecdotal evidence suggests that there has been an significant increase recently in the number of applications recently made under Section 22 of POCA 2002.
This provision allows the Crown to apply to the court for a reconsideration of a defendant’s available amount after the confiscation order has been made.
Many recent clients have fallen foul of these provisions. In one case, Client A, a defendant who had served his default sentence having been made subject to a confiscation order in excess of £1 million had recently found himself subject to a potential Section 22 Application.