Rules Related to Confiscation Order for Criminal Offences
Updated on Friday 23rd September 2016
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A confiscation order refers to an order made against an individual who committed a misdemeanor banned by the UK rules and regulation. The defendant is required to pay the amount, and if is not willing to do so, a prosecutor can freeze the assets and can dispose the case to the High Court of Justice in the UK. If you find yourself in this situation, it is recommended to ask for help and legal assistance from our criminal defence solicitors in London.
What are the confiscation orders in the UK?
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 criminal lawyer 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 in the UK.
The application of a confiscation order in the UK
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.
If you need more details about the rules related to the confiscation order for criminal offences, please don’t hesitate to contact our team of defence solicitors in London.