The Proceeds of Crime Act (POCA) came into force in 2002. The introduction of this Act allows the State far-reaching powers to investigate our financial affairs and the Court unrestrained powers to make sometimes devastatingly high confiscation orders.
With Kirwans you have access to a specialist POCA team with experience in defending individuals across the UK who find that their financial affairs are being scrutinised by the State and face the prospect of having to sell their assets in order to pay a confiscation order.
The impact of the Proceeds of Crime Act can be felt at all stages of the proceedings; from the start of an investigation, with the imposition of a restraint order or the seizure of cash, to long after the date of conviction with confiscation proceedings that are often complex and drawn out.
An individual who is prosecuted for any form of monetary offence, whether it is fraud, money laundering, drugs or business related, faces the prospect of a confiscation order being imposed on them following a conviction. The Court has the power to force that individual to pay back large sums of money and a failure to do so could result in a prison sentence. This can have a devastating affect, not only on the individual, but their loved ones. Jointly owned assets, such as the family home, or gifts considered tainted by the offence, may have to be sold under the terms of any order.
Your financial affairs can be rigorously scrutinised and the burden is on the individual to prove that their income is legitimate. It is vital that legal guidance is sought from the start of proceedings.
Here at Kirwans we invest time building relationships with highly experienced forensic accountants who are dedicated to defending against these types of financial investigations. We have a team of expert criminal defence solicitors that prepare your case to the highest standard with experienced advocates for court representation.
With offices based in the heart of Liverpool’s City Centre we are ideally placed to represent you at the North West Regional Enforcement Court which sits at Liverpool Crown Court.
The Proceeds of Crime Act is a complex area of law and to navigate it successfully will require the expertise of a firm of lawyers who have an in depth understanding of the Act and its provisions.
As a multi-disciplinary law firm, Kirwans work collaboratively with Criminal Defence team which includes experts in Crown Court, Post Conviction, and Regulatory & Business Prosecutions. This ensures that you receive the best possible representation throughout the entirety of your legal journey.
To find out more about our services and how Kirwans can help you, contact a member of our team today on 0800 525 035 or complete our online enquiry form.
In this guide our leading Criminal Defence experts address the frequent questions they face in relation to Disclosure Orders and will provide helpful information and guidance regarding interview procedures and protocol.Download Here >
Cash seizures and forfeitures are now commonplace throughout the UK and the seizure, detention and forfeiture of cash have become routine practice for investigative authorities under The Proceeds of Crime Act 2002.
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Restraint Orders provide the Courts with the power to prevent an individual, or company, from dealing with any property owned by them.
The immediate effect of a Restraint Order can have a devastating and detrimental impact on your business and personal life, often leaving you without sufficient financial resources to pay your everyday household bills or run a business.
In this guide our leading Criminal Defence experts provide an overview of Restraint Orders and what you should know.Download Here >
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The guidance and advice provided by Mikayla and Sarah was invaluable. Thank you for everything that you did to help me. If I can ever point anybody in your direction I will not hesitate to recommend you.Mr Gibb