If an individual is found to have benefited from the Proceeds of Crime, then the Court’s have the power to confiscate money and property from that individual. The Court first set the “Benefit Amount” and looks at the individual’s finances to identify the “Available Amount” to seek to recover.
The individual can challenge both amounts but must either prove he has not benefited to the extent alleged by the Crown Prosecution Service or does not have the “Available Amount” as suggested.
We have specialist knowledge of applying to the High Court for a Certificate of Inadequacy (i.e. varying the value of property) and negotiating with the Crown Prosecution Service and Police Financial Investigators with a view to minimising both the benefit available amounts.