A confiscation order can be made in the Crown Court after a defendant has been convicted of an offence which has resulted in financial gain.
The aim is to recover the value of the defendant’s unlawful benefit from criminal conduct. Confiscation proceeding are now very commonplace following conviction for certain criminal offences. The proceedings are known to be draconian and can be more lengthy or complex than the proceedings or trial for the original criminal offences.
In practice it is extremely difficult for a convicted defendant, in the absence of independent corroboration, to provide convincing testimony. Often the best way to reduce a confiscation order is to mount a legal or expert challenge to the basis of calculation of the benefit figure. The statutory provisions governing the calculation of a defendant’s benefit from criminal conduct are highly complex and are continually being defined by a plethora of case law. The financial investigation and tracing of assets, calculating of benefit and realisable assets may require a different approach, discipline and legal and analytical skill set in every case.
If you are affected by confiscation proceedings it is necessary to seek immediate specialist legal advice. Criminal Defence Solicitors will guide you through the confiscation process providing expert representation and advice throughout. Where necessary we work with forensic technology specialists and forensic accountants to prepare for, analyse and present complex financial evidence.
Contact our dedicated Confiscation Department today on: 020 7353 7000 or freephone 0800 051 10 67