Post Conviction Confiscation
Case law raises important and difficult issues as to the meaning and effect of the Proceeds of Crime Act 2002 dealing with post conviction Confiscation.
The Courts have addressed these issues which relate chiefly to the calculation of benefit and the impact of the Human Rights Act 1998.
The Proceeds of Crime Act 2002 is concerned with the Confiscation of the Proceeds of Crime. Its legislative purpose is to ensure that those convicted do not profit from their crimes. When the Proceeds of Crime Act was enacted and certified in the usual way under Section 19 of the Human Rights Act it was certified as being compatible with the Rights under the European Convention of Human Rights known as convention rights. The Court have had to decide whether the application of POCA’s rules for the calculation of benefit may in some circumstances give rise to a contravention of convention rights.
Lord Wilberforce (in a tax case) suggested that because POCA covered a wide range of offences, Parliament had framed the statute in broad terms with a certain amount of “overkill”.
It is recognised that as a rule of fair balance, there is a requirement that there must be a reasonable relationship or proportionality between the means employed by the State in, inter alia, the depravation of property as a form of penalty and the legitimate aim which is sought to be realised by the depravation. That rule has consistently been stated by the European Court of Human Rights and we do our best to ensure it is applied.
The specialist fraud team at EBR Attridge constantly appear before the judicial system challenging the legislation supported by these very points.
If you have been investigated, prosecuted or wish to challenge the incompatibility of post conviction confiscation please make an appointment to see a specialist fraud Solicitor who can attend upon you by telephone, face-to-face or online.
