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Proceeds of Crime

It is likely that the proliferation in cases involving confiscation and the Proceeds of Crime Act has been the single biggest growth area in criminal defence work over the last decade.  It is now routine, in cases involving large scale drug supply or financial fraud, to find Restraint Orders in place at the outset of the case, and for often lengthy, detailed and complex confiscation proceedings to follow upon conviction.   The result of consequences of a Confiscation Order may very often be greater than the criminal behaviour which attracted punishment.

The reason for the proliferation in this work is not hard to seek – there is a direct link between the funding received by the Police and other Prosecuting bodies and their success in obtaining orders for the Confiscation of the assets of those they prosecute.  Faced with such incentives, it is hardly surprising that these actions are on the increase.

The amendment and enforcement of Confiscation Orders is also an area in which we are widely instructed.  It is often possible to gain further time to pay an order, or to adjust the amount which is payable if assets have realised less than their anticipated value.

We are often instructed in cases involving confiscation and enforcement where other Solicitors have dealt with the original criminal case as it is recognised that we have an expertise in these areas.

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