The POCA and the other related actions provide legal access to the authorities to capture any proceeds related to crime, but these laws are widely Known for being difficult to be applied in some of the areas. Below are the areas where the confiscation is hard to apply:
The complex, unwieldy nature of the POCA systematic plans or the procedures must be considered by the courts because these are totally non-transparent and also could cause the protracted litigation around the making of the orders or proceedings by the Tribunal.
There is a considerable inefficiency inside the enforcement processes, lack of discretion available to these agencies and also the court following the orders is there once these are made. The law, in other words, is complicated to understand and this is still alike even after the detailed consideration by the Supreme Court in 2012.
The drastically small amount of total monies ordered to be paid by the confiscation orders has been collected till now, and according to the National Audit Office figures, there is an outstanding amount of debt by the unpaid confiscation orders.
Apart from these, there are so many other things which the POCA and the confiscation law are reformed of, and because of that, there is a greater need to update and amend these laws and the related acts.
The confiscation should have the focused purpose of stripping away the wrongfully acquired assets from the criminal convictions, and all those should be then applied and conducted in the court by the practitioners. Although this isn’t like that till now, we could only hope for further changes to be made for the same.
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Please feel free to contact our Team of specialist confiscation solicitors who specialize in all the above-described matters related to confiscation in all parts of London namely Hounslow, Uxbridge, Ilford, Romford, Redbridge, Ealing, Kingston, Sutton, Harrow, Wood Green, Leyton, West End, Knights Bridge, Croydon, Bromley, Newham, Lewisham, Camden, Greenwich, Poplar, Westminster, Brent, Islington, Havering, Barnet, Enfield, Wandsworth, Southwark, Barking and Dagenham, Bexley, Barnet, Havering, Merton, Hammersmith and Fulham, Hillingdon, etc.
We completely understand that it can be one of the most devastating discoveries and a difficult situation to handle.
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