3 POCA planning

PLLP can support an individual facing POCA ( Proceeds of Crime Act) proceedings by providing expert guidance, evidence, negotiation support, and financial clarity - by individuals with lived experience and in partnership with your legal teams. 

4 POCA Law

At PLLP we understand and having lived experience of the Proceeds of Crime Act 2002 (POCA) which is the principle legislation in England and Wales for the recovery of criminal assets. Its goal is to deprive offenders of the financial benefits of crime. 

3 POCA planning

3.1 Understanding POCA and Confiscation Orders 

  • What is POCA? - Explanation of the Proceeds of Crime Act and its purpose (recovering criminal benefit).
  • Trigger for Confiscation: When POCA proceedings follow a conviction (usually for financial, drug, or lifestyle offences).

Key legal terms explained:

  • Benefit Figure: The amount the prosecution says the offender gained the crime. 
  • Available amount: The current value of the offender's assets. 
  • Confiscation Order: A court order to pay the benefit or available amount (whichever is lower).
  • Lifestyle assumptions: Presumptions made for repeat or serious offending under POCA.

3.2 Legal Process and Representations

  • PLLP working with solicitors and other experts: Encouraging offenders to get specialist legal advice.
  • Responding to Section 18 statements: How to cooperate during financial investigation.
  • Disclosure obligations: Explaining the duty to provide full and honest disclosure of assets.
  • Challenging benefit or available amounts: Understanding when and how to dispute figures.

3.3 Asset Identification and Valuation

  • Assisting with asset reviews: Property, bank accounts, cars, pensions, crypto, etc.
  • Valuation process: Guidance on obtaining professional valuations where needed.
  • Joint ownership issues: how assets owned with others are treated. 

3.4 Negotiation and Settlement

  • Early settlement strategies: When to negotiate with prosecution to avoid harsher terms.
  • Realistic Proposals: Helping offenders develop and propose structured repayment plans.
  • Time to pay: Explaining the standard 3-month deadline, and how to apply for an extension.
  • Avoiding default sentences: How non-payment can result in additional imprisonment (default term).

3.5 After the Confiscation Order 

Payment enforcement: Explaining how the court enforces orders, including:

  • Receivership.
  • Seizure of assets.
  • Third-party debt orders.

Monitoring and compliance: Importance of keeping up with payments and reporting changes in financial circumstances.

3.6 Default Sentence and Non-Payment Consequences

What happens if the order isn't paid:

  • Additional prison time (not a replacement for the debt).
  • Continued enforcement after release.
  • Impact on credit, housing, employment.

Avoiding further penalties: Strategies to avoid default through honest engagement.

3.7 Post- Conviction Financial Recovery Support

  • Financial Rehabilitation: Supporting offenders to rebuild finances and stay out of debt.
  • Accessing legitimate income: Employment, benefits, business - ensuring compliance with POCA.
  • Banking and Credit: Managing finances responsibly with potential restrictions.

3.8 Family and Third-Party Implications

  • Impact on spouses or family: Clarifying when their assets are at risk.
  • Third-party claims: How family or partners can assert legal ownership of shared property.
  • Preventing future issues: Advice on keeping finances separate post-conviction.

3.9 Record Keeping and Transparency 

  • Documenting income and spending: For ongoing POCA compliance or reviews.
  • Preparing for reviews or fresh proceedings: E.g., Section 22 applications (where prosecution can revisit a case if assets increase).

3.10 Education and Prevention

  • Avoiding future POCA exposure: Teaching financial transparency and avoiding suspicious transactions.
  • Compliance coaching: For high-risk individuals still in business or managing significant funds. 

 Other optional extras PLLP can offer:

  • Personal POCA advisor or financial caseworker.
  • Liaison with solicitors, forensic accountants, and enforcement agencies. 
  • Templates for disclosure statements or asset schedules.
  • Training for families on managing financial risk.
  • Post-release money management coaching.

4 POCA Law

4.1 Confiscation Proceedings (Part 2 POCA)

  • Applied post-conviction to recover the value of criminal benefit.

Court determines:

  • "Criminal benefit" - how much the offender gained.
  • "Available amount" - assets the offender currently holds.

Court issues a confiscation order requiring payment of either the benefit or available amount (whichever is lower.)

4.2 Civil Recovery (Part 5 POCA) 

  • Used without a criminal conviction. 
  • Allows enforcement agencies (e.g., NCA) to recover property suspected of being obtained through unlawful conduct.
  • Action is brought in the High Court using the Civil standard of proof ("balance of probabilities"). 

4.3 Freezing and Restraint Orders

  • Restraint orders freeze assets before or during a criminal investigation to prevent disposal.
  • Ensure assets remain available for future confiscation.

4.4 Cash Seizure & Forfeiture (Part 5 Chapter 3)

  • Law enforcement can seize cash over £1,000 (including crypto, now classed as "money") if suspected to be criminal property.
  • Forfeiture can be ordered by a Magistrates' Court.

4.5 Account Freezing & Forfeiture (Part 5A)

  • Introduced by the Criminal Finances Act 2017.
  • Allows authorities to freeze bank accounts suspected of holding criminal property.
  • If justified, the money can be forfeited without a prosecution.

4.6 Unexplained Wealth Orders (UWOs)

  • Targets individuals (especially PEPs or those suspected of serious crime) who appear to own assets disproportionate to their income.
  • Requires them to explain the source of wealth.
  • Failure to do so may result in civil recovery proceedings. 

4.7 Money Laundering Offences (Part 7 POCA) 

Makes it an offence to:

  • Conceal, transfer, or use criminal property.
  • Facilitate the acquisition, retention, or control of criminal property.

Applies to both criminals and professional enablers (e.g., solicitors, accountants).

Regulated professionals must make Suspicious Activity Reports (SARs) to the NCA.

4.8 Disclosure Orders & Investigations (Part 8 POCA)

Provides powers to:

  • Compel information from third parties (e.g., banks, professionals).
  • Conduct search and seizure, [production orders, and surveillance during investigations.

4.9 Section 22 Applications (Post-Order Reassessment) 

  • If a person's financial circumstances improve after a confiscation order (e.g., inheritance, lottery win), the prosecution can reapply to recover more of the original benefit amount.

4.10 Default Sentences for Non-Payment 

  • If an offender fails to pay a confiscation order, the court can impose a default prison sentence (in addition to the original sentence).

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