Confiscation Order Solicitors

Updated on Friday 11th November 2022

Rate this article
based on 4 reviews

Confiscation Order Solicitors Image
Individuals who are being accused of criminal offences and who have received a confiscation order should know that they have the right to request legal representation and help from a confiscation order solicitor. When we talk about a confiscation order we refer to an order that is made against a person who committed a criminal offence according to the legislation of the United Kingdom. 

The confiscation order forces the defendant to pay the amount for the crime he committed. If the order is not paid by goodwill a prosecutor has the right to enforce the order as a fine or the authority in charge can apply to the High Court. One should know that the confiscation order does not dispose an individual from his/her property title or targets a specific good. Our confiscation order solicitors in London can provide legal support and representation in case you are involved in a crime and you received a confiscation order from the authorities.

What are the confiscation orders?

Confiscation orders are the important procedures through which the UK government carries out its strategy to withdraw criminals of the proceeds of their crimes. The government’s purpose is to deny criminals the use of their possessions and to interrupt and discourage criminality.

The Crown Court can enforce confiscation orders only on sentenced criminals, with the amount of the order founded on criminal benefit. The Proceeds of Crime Act 2002, the highest legislation behind confiscation orders, describes criminal benefit as a specific crime established on a judgment that the criminal has broken the laws repeatedly. The possessions can be incorporated into a confiscation order and the offender has the possibility to demonstrate that the authorities’ evaluations are incorrect. The confiscation order solicitors in London will properly analyze your case, in order to provide you with suitable information and legal assistance if you are dealing with a confiscation order.

If you are faced with difficult situations such as accusations of fraud, it is recommended that you treat the situation with the utmost seriousness and ask for help. Our fraud solicitors in London are here to offer you help and specialist legal advice, as well as the optimal defense strategies, to be able to successfully overcome such situations.

The application of a confiscation order

Before applying the confiscation order, the magistrates and the prosecutors will properly verify the defendant’s criminal record. The amount will be established according to the criminal behavior, taking into consideration the assumptions mentioned in the Proceeds of Crime Act 2002. If a person presents a clear criminal background, the confiscation order and the amount that needs to be paid is going to be settled on the present actions or offences. Take into consideration that a confiscation order can be applied to individuals who directly gained benefits from the committed offence.

How is a confiscation order applied?

Before deciding to apply for a confiscation order the court must investigate and decide first of all if the defendant has a criminal background or not. If a person has a criminal background, the court will establish a number of assets related to the general criminal behaviour, using the assumptions mentioned in the Proceeds of Crime Act. If the person does not have a criminal background the court will establish the amount only based on the action in present. There are cases when the criminal offences are so serious that a confiscation order may not be appropriate, so the prosecutors can take into consideration an asset recovery. Also, the legislation specifies that an asset recovery method should be taken into consideration in every case of criminal offence, whether it is applying for a confiscation order or not. Another point in the legislation specifies that a confiscation order is appropriately being applied even if a person obtained directly benefits from the crime committed or in connection with a criminal offence.

When a confiscation order cannot be applied

The Crown Court in the UK is in charge with the confiscation orders in criminal offence cases, but there are situations where such directions cannot the enforced, such as:

•    there are no assets which can be discernable;
•    the offender refunded the full amount of his/her benefit;
•    the low value of the benefit or a reimbursement will completely withdraw a defendant of his/her profit.

We remind that our confiscation order solicitors can offer complete assistance and legal support if you have received a confiscation order in a criminal offence.

Short conclusion about confiscation orders

A prosecutor in the UK will analyze the criminal case and will solicit the Court of Law if a confiscation order is necessary. In this case, the court is in charge of deciding if the offender must receive the confiscation order, especially if he/she has a criminal background. The benefits will then be calculated and a confiscation order will be granted. In the case of a defendant with a clear criminal record, the benefits of a particular criminal conduct will be calculated, meaning the present criminal offence for which the individual is condemned. We remind that the Court of Law in the UK issues the recoverable amount of money or assets and needs to provide a statement about how the amount has been decided. If you do not agree with the decision of the Magistrates’ Court of Law, you have the right to appeal the verdict to the Courts of Appeals in the UK. If you are convicted and you have been given a confiscation order, you have the right to address to a confiscation order solicitor and we suggest soliciting assistance from one of our lawyers in London, as our team is specialized in a wide range of confiscation orders for criminal offences cases.

We invite you to watch a comprehensive video with complete information about the confiscation orders

An alleged criminal offence has a particular definition and makes reference to an individual who sustains a crime was committed by someone else, but not proved yet. The crown prosecutor, the district attorney, a victim or the police can make allegations in criminal cases. If you need more details in this matter or you find yourself in this situation, we recommend you to solicit help and guidance from our confiscation order solicitors.

Alleged offences in the UK

From the beginning, we mention that the alleged offences in the UK can be related to all kinds of serious or less serious crime: theft, burglary, road traffic offences, wrong acts, infringement of rights, murders, etc. Moreover, the alleged offences also refer to the circumstances where there is a dispute as to whether or not an action made by an individual was really a criminal offence. This is a serious matter and if proper evidence is not offered, individuals can be prosecuted for generating false allegations about the involved individual. We remind that our confiscation solicitors in London can offer legal assistance and guidance if you deal with alleged offences in the UK.

What is the suitable approach in alleged offence cases in the UK?

If you find yourself accused of crimes you did not commit or if someone considers you are involved in a criminal offence in the UK, it is best to ask for legal help and assistance from our solicitors in London. One should know that the alleged crime derives from the principle of innocence. In other words, it involves the crime that was supposedly committed by an individual before he/she was condemned for it. The expertise upon your case must be attentively supervised by your attorney, who needs to verify the validity of the evidence, the circumstances, and the persons involved in the case. With a suitable approach in your case, you can get out of charges.

The meaning of a criminal lifestyle

The criminal lifestyle is defined for specific types of offences made by criminals. For instance, some might deal with drug possession for supply purposes, production of drugs, etc. The same criminal conduct dictates the criminal lifestyle of a person, however, the British authorities continue to fight against the phenomenon and supervise the offenders who have been released from prison and who can be tempted to make crimes again. Besides crimes related to drugs, the criminal lifestyle might involve, money laundering, arms trafficking, terrorism, or counterfeiting. More about criminal lifestyle and about confiscation orders can be discussed with our defence solicitors in London.

Short facts about the criminal benefit

Criminal benefit refers to stolen property values, gains from illicit sports games, drug dealing, or fraudulent mortgage, to give a few examples. Particular and general criminal conducts are the main types of criminal benefit and differentiate through the financial gains. Confiscation orders are imposed in such cases, so if you deal with such cases, please feel free to get in touch with one of our criminal defence lawyers in London.

Confiscation orders and tainted gifts

The transfer of a property to a third party is defined as a “gift”, especially if the value is underrated. Moreover, a “gift” is considered a “tainted gift”, under certain circumstances, especially if it was made within the related period. Having a criminal lifestyle is also taken into consideration for “tainted gifts” and confiscation orders can be imposed. If you believe you have been involved in such a case or accused of such crimes, feel free to solicit the legal advice of our criminal defence lawyers in London. We are here to offer complete legal support for the best possible results for your case.

When is the time to pay the confiscation order?

Normally, the amount that needs to be paid should be made at the time the confiscation order is issued. However, the court of law can extend the payment time for up to three months if the offender proves he/she cannot immediately pay. Moreover, this payment period can be extended for another 3 months, with the help of an application settled with the Crown Court. One should note that the court of law can allow different time to pay periods for various assets. For instance, it might be suitable for an offender to be given three months in order to sell a property and make the payment. In any case, the offender needs to show he/she made all the efforts to pay, but without results. More in this sense can be discussed with one of our criminal lawyers in London.

The reconsideration of a confiscation order

The prosecutor can make an application to the court of law for the authorities to reconsider the confiscation order, and mainly for this order not to be imposed. This is a specific procedure that can be explained by our confiscation order solicitors in London who can also represent you throughout the entire procedure.

Short facts about restraint orders post confiscation

One should note that restraint orders are not concluded at the time a confiscation order is made, yet they remain in force until the payment is made. Plus, a restraint order can be made for the first time after a confiscation order is issued if there is a risk that assets may be dissolved while an appeal or implementation action is awaiting. All the details about restraint orders can be discussed with our specialists with experience in confiscation orders.

Choosing our confiscation order solicitors in London

A confiscation order case is quite important and might have serious consequences if not suitable treated from a legal point of view by an expert. Our confiscation order solicitors in London have experience in this area and the necessary knowledge to create a proper defence for each client. You can rely on our professionalism and confidence right from the start.

We also present you a few facts and figures about asset recovery in UK:
  • Nearly GBP 139 million represented the total amount collected against confiscation orders for 2019 and 2020.
  • More than GBP 31 million in compensation were paid to victims of proceeds of confiscation during the same period.
  • Account Freezing Orders of nearly GBP 208 million were registered during 2019-2020.

If you need to be represented or assisted in case of a confiscation order for criminal offences, please contact our team of criminal defence solicitors in London.