The Law Commission’s proposals for reforming Part 2 of the Proceeds of Crime Act 2002 (POCA) were detailed by Nicola Sharp for The Expert Witness.
In her piece for the journal, Nicola outlined the Commission’s aim of clarifying, simplifying and modernising the post-conviction confiscation regime contained within Part 2 of POCA.
The Commission has made clear its intention to improve the confiscation order-making process, ensure fairness and optimise the enforcement of confiscation orders. Its proposals include bringing in clearer processes in legislation, procedure rules and guidance about how courts should approach confiscation. It also wants to make the procedure more efficient.
Giving the Crown Court the discretion to impose contingent orders when making the confiscation order, and financial penalties and forfeiture orders before confiscation proceedings have been resolved are among the recommendations. Measures relating to enforcing orders and defendants’ obligations to disclose their financial position have also been outlined in the Commission’s consultation paper.
Nicola’s article summarised all the points made by the Commission in its paper. It also laid out the timetable for both submitting responses as part of the consultation and the publication of the final report.
Nicola's article featured in Expert Witness magazine.