Restraint & Confiscation Order Solicitors
MJP solicitors are specialists in dealing with cases where the Crown seeks to restrain and confiscate assets. After the Proceeds of Crime Act 2002, there has been a marked increase in the number of occasions this Act is being utilised.
This area is now a significant feature which often requires as much attention as the case itself. Mark Jones has lectured on this new area of law throughout the Northwest and the Practice is involved in a number of appeal challenges to the implementation of the Act. The Proceeds of Crime Act cannot be ignored, as the Act demands that judges commence such inquiries at the conclusion of a case where a financial benefit from a crime is possible.
If your choosing a lawyer to represent you, ensure that they understand the implications of the Act.
MJP solicitors like to think that we are friendly and down to earth and that we do not judge you by the offence you are charged with. With a combined experience of over 150 years, we know that people do things that are completely out of character and that people are accused of offences that they have not done and that complaints are sometimes malicious.
MJP solicitors can not and do not disclose the details of any client or their case or business to anyone and do not communicate with the media unless expressly instructed by a client to publish a prepared statement.
We understand how stressful and depressing it can be to involved in a criminal investigation and aim not only to you overcome the allegation but also to understand the emotional effect upon you. With help, sometimes, from medical professional, we try to make you ´confident enough to give evidence and defend yourself´, who ever you are or whatever you are accused of.
Confiscation | POCA Proceeds of Crime
The Proceeds of Crime Act 2002 enables the Court in criminal cases to confiscate the proceeds of crime.
An application to confiscate assets must be considered in every Crown Court case but the golden rule is that the legislation is intended to remove a benefit from crime (criminal conduct). It is not a separate punishment. The law aims to identify the proceeds of crime and remove it from the defendant or a recipient (even if not a convicted person).
Confiscation under Proceeds of Crime Act 2002 are now an established part of all criminal proceedings before the Crown Court where there is a financial element.
The Court has no choice about considering confiscation as the Proceeds of Crime Act 2002 says that "if must consider confiscation in relation to any offence that has been committed or sent from the Magistrates Court" which includes every case.
Collating financial information requires a combination of legal and accountancy skills.