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If you have been convicted of a crime where the prosecution say that you made money, it is possible that you may face Confiscation Proceedings under the Proceeds of Crime Act 2002. Essentially, these proceedings are designed so that the prosecution can claw back any money you made from any assets that you may have now. This is particularly common in drug dealing cases but it can arise in any sort of acquisitive offence such as theft, fraud or counterfeiting goods.

In many cases, the prosecution will simply put a figure on the amount they say you have received. This is called the benefit. The prosecution will then seek an Order from the Court requiring you to pay the lesser of either the benefit or the Available Amount. The Available Amount is the value of all your cash and assets. For many people, this will probably include the family home! In the event that you do no pay the money, you will be sent to prison. The money is still payable upon release.

Getting expert, professional advice is essential in order to minimising the impact on you and your family. It is often the case that the prosecution’s figures are incorrect. It may be that we can negotiate with the prosecution a figure which is less than it would otherwise be. Fortunately, Legal Aid is available in many cases. Talk to our expert team if you require representation or information.

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