Civil Recovery – Who Needs A Conviction?

Article co authored by Jeremy Pinson and Ivan Pearce

The Proceeds of Crime Act 2002 (POCA) increased the already wide ranging powers available to the courts in relation to the confiscation and asset forfeiture regimes provided under the Criminal Justice Act 1988 and the Drug Trafficking Act of 1994.

However, not only did POCA enhance the existing confiscation regime by extending the benefit provisions, it also introduced 'Lifestyle Offences' and enhanced and strengthened the 'Cash seizure and Forfeiture" provisions available to the Magistrates Court.

Whilst there is little doubt that for those who have been convicted of offences which attract the provisions of POCA, the powers of the State have been increased to an extent whereby the defendant is now placed in a much more difficult position with regard to discharging the burden of proof and assumptions. One of the most talked of new provisions introduced by the Act in to English law is the concept of 'Civil