Confiscation Order for Criminal Offences
Updated on Tuesday 13th June 2017
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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 criminal defence solicitor in London. 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 criminal 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.
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 of UK 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 criminal lawyer in UK can offer complete assistance and legal support if you have received a confiscation order in a criminal offence.
Short conclusion about confiscation orders in UK
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 criminal lawyer and we suggest soliciting assistance from one of our crime solicitors in London, as our team is specialized in a wide range confiscation orders for criminal offences cases.
We invite you to watch a comprehensive video with complete information about the confiscation orders in UK:
If you need to be represented or assisted in case of a confiscation order for criminal offences, please contact our team of defence solicitors in London.