Impact of budget cuts on confiscation proceedings

It’s been well publicised that the Government plans to cut £350m from the Legal Aid budget by 2015, the impact of which will be far reaching.

When a person has been convicted of a crime where they have gained a pecuniary advantage, the Crown is likely to proceed to confiscation under the Proceeds of Crime Act 2002 (POCA).

The intention is to deprive defendants of the benefit gained and to return this benefit to public funds.

The court must decide whether the defendant …


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