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Enforcement Proceedings Under POCA 2002

Speaker: Amy Oliver
Chambers: 2 Harcourt Buildings

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