Proceeds of Crime

This extremely important area of law is developing fast.

Originally, the authorities concentrated on recovering the ill gotten gains of those involved in the drug trafficking industry.

These recent statutory powers have more recently been heralded as a very powerful tool against the funding of terrorism. This legislation, together with confiscation proceedings, is increasingly used by the courts in recovering the benefits of crime or assets, from those who cannot explain what appears to be a 'Criminal Lifestyle' .

If you are caught in the airport or in the street with £10,000 or in some circumstances, £5,000, you may have to prove where the cash came from, and that your sources are legitimate.

BEFORE ENTERING INTO DISCUSSION AS TO WHERE THE MONEY COMES FROM YOU ARE STRONGLY ADVISED TO CALL US ON 0870 998 9000.

The procedure to restrain and recover such monies, involves civil hearings in the Magistrates Court, with little or no disclosure from the authorities, and an expensive appeal to the Crown Court.

GET IT RIGHT THE FIRST TIME - CALL US NOW ON 0870 998 9000.

After a criminal conviction, confiscation proceedings generally can follow. Unfortunately the general public has no idea of how draconian these proceedings can be.

For example, a driver is convicted of conspiracy and he has been paid £500, there are five other people involved, and the total amount of the loss is £500 million. None of it has been recovered.

The amount he has benefited from, is not the £500 he was paid, neither is it 1/6 of the total loss of £500 million. He is liable for £500 million, and if he cannot pay, his home and all of his assets can be taken to satisfy the loss, there is no concept of 'proportionality' in this legislation.

These issues are to be considered in the case of 'May' which is due to be heard before the House of Lords in November 2007, a decision can be expected in February 2008.

Hopefully the court will establish guidelines in respect of this contentious and draconian legislation.