by Gauk
Mon, May 21, 2018 1:52 AM

The Proceeds of Crime Act 2002 is a piece of legalisation which gives officers the power to seize cash and recover cars, houses and other assets from criminals.

A confiscation order can be made using the Act by the Crown Court to deprive criminals of the benefit from their crimes. If it is proven that a criminal has committed an acquisitive crime (i.e. theft) and they have benefited from that crime, then an accredited Financial Investigator can identify the value of any assets the criminal holds (bank accounts, houses, vehicles). This can then be used to pay back the amount they are said to be have benefited from their crime, even if the assets are legally held.

If the application for a confiscation order is successful, criminals have a specified number of days, weeks, months to pay the full amount or be subject to a prison sentence.

The purpose of POCA is to deprive a convicted criminal of any financial benefit they have made through their crimes. POCA empowers convicted criminals to sell their assets in order to pay off their confiscation order. These goods are authentic but have been bought with money obtained through crime.

By selling items in this way the police hope to generate a bigger income from criminal assets, which in turn will benefit victims of crime and be reinvested in local policing initiatives.

A forfeiture order can also be made against a person at Magistrates Court using the Proceeds of Crime Act. This is only made against cash which is believed to be the proceeds of crime or intended for use in crime. An order can be made even if someone has not been charged or convicted of criminal offence.

Most Police use e.bay or bumblebee auctions which are both on-line.
https://www.legislation.gov.uk/ukpga/2002/29/contents

published by Gauk

 

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