Author: Nicola Sharp
12 October 2020
2 min read
Nicola Sharp of Rahman Ravelli details the Commission’s proposals for reform of Part 2 of POCA
In 2018, the Home Office commissioned a Law Commission project with the aim of reforming Part 2 of the Proceeds of Crime Act 2002 (POCA).
The aim of the project was to clarify, simplify and modernise the post-conviction confiscation regime contained within Part 2 of POCA. The review was intended to address problems such as the irregular compensation of victims in confiscation proceedings, the imposition of unrealistic confiscation orders, the confiscation regime’s ineffective incentives and sanctions, the complexity of relevant legislative provisions and courts’ insufficient enforcement powers.
The Law Commission’s consultation is now underway. It has begun at a time when the existing confiscation regime is viewed by some as ineffective. At 31 March 2019, the total value owed on outstanding confiscation orders was £2,065,303,000.
The Commission has stated that a desire for change has been prompted by the perceived complexity of the legislation. Its consultation paper considers how the current statutory framework could be changed to:
The consultation paper suggests ways in which reforms could be introduced to:
Its proposals include:
Those wishing to submit responses as part of the consultation can do so online or by email or post. A series of consultation events is being held by the Commission until the end of November. The consultation will continue until 18 December 2020. When the consultation period ends, the Commission will examine the responses. It aims to publish its final report, which will include its recommendations to government, in spring 2021.
Nicola is known for her fraud, civil recovery, arbitration and business crime expertise, her experience of leading the largest financial disputes and multinational investigations and her skills in devising preventative measures and conducting internal investigations for corporates.