Enforcement Proceedings Under POCA 2002

Amy has a busy criminal practice incorporating both prosecution and defence work. She specialises in proceedings under the Proceeds of Crime Act 2002, acting for both the prosecution and the defence in hearings at all stages. She has a thorough knowledge of the confiscation, restraint and enforcement regimes and is available to advise on their application from the pre-charge stage through to post-conviction.

In this presentation Amy provides an update for those working with clients facing enforcement proceedings where a confiscation order has been made. She outlines different types of confiscation order, and what happens if they are not paid and how they can be enforced. She refers to relevant case law to illustrate this. She goes on to describe pathways to adjourn enforcement proceedings, the mechanics of enforcement receivers, the realisation of assets, other enforcement powers, and how to challenge enforcement action.

Key words/topics:

Enforcement proceedings

Confiscation order

Processes of Crime Act 2002 (POCA)

Accrual of interest

Defendant’s attendance at court

Applications to adjourn enforcement proceedings

Realisation of assets

Activation of default term

The implications of delay

Challenging enforcement action

Expiry of time to pay

S.82 Magistrates Court Act 1980

Warrant of arrest

R (on the application of Rustim Necip) v City of London Magistrates Cout [2009] EWHC 755 (admin)

Discretion to adjourn

Adjournment for legal representation

R (on the application of Agogo) v North Somerset Magistrates’ Cit [2011] EWHC 518 (Admin)

Schedule of assets

Enforcement receivers

Warrant of control

Money held by bank or police/customs

Preventing the sale of personal assets

Activation of default term

R v Harrow Justices, ex parte Director of Public Prosecutions [1991] 1 WLR 395

Garrote v City of London Magistrates Court (2003) EWHC 2909

Barnett v DPP (2009) EWHC 2004 (Admin)

R v City of London Justices ex p Garrote (2003) EWHC 2909

R (on the application of Beach) v Folkestone Magistrates Court [2018] EWHC 2843 (Admin)

Release

R (on the application of Gibson) v Secretary of State for Justice [2015] EWCA Civ 1148

R (on the application of Emu) v Westminster Magistrates Court [2016] EWHC 2561 (Admin)

R (on the application of Lloyd) v Bow Street Magistrats Court [2003] EWHC 2294 (Admin)

Delay - Human Rights

Minshall v UK [2012] 55 EHRR 36

Abuse of process

Joyce v Dover Magistrates’ Court [2008] EWHC 1448 (Admin)

Judicial review