Confiscation Proceedings

POCA requires a court to hear confiscation proceedings following a conviction for any crime in which a person secures benefit. The purpose of such proceedings is to confiscate from the defendant the financial benefit obtained from criminal conduct.

The Court must decide whether there has been benefit from criminal conduct, the level of such benefit and the amount of realisable assets. The Court will then make a Confiscation Order to confiscate the benefit obtained through criminal conduct up to the amount of realisable assets found to be available. 

POCA provides a wide interpretation to the meaning of benefit and in some circumstances allows a Court to make various assumptions as to whether or not a defendant has a criminal lifestyle and calculate the benefit using these assumptions.

We can assist with:

• Providing advice to those affected by confiscation proceedings
• Providing representation in confiscation proceedings
• Negotiating with the prosecution authority as to the appropriate level of confiscation