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 Prosecuting Authority 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 Prosecuting Authority and Police Financial Investigators with a view to minimising both the ‘benefit’ and ‘available’ amounts.
We are in a position to receive new instructions in respect of confiscation. It may be the case that legal aid can be transferred from original instructed solicitors or private rates can be negotiated.