Financial Hardship in Confiscation Proceedings
Thank you to Robert Bryan of Drystone Chambers. Mr Bryan was instructed by Wessex Solicitors in respect of Confiscation Proceedings before Portsmouth Crown Court. The matter was listed for a contested hearing on the basis of issues as to valuation but mainly in relation to proportionality. We argued, using a relatively recent amendment to POCA, and one that appears not to be often used in the Defence armoury, that when it comes to making the confiscation order the Judge has to consider proportionality. Here that order would result in the defendant and family suffering extreme financial hardship. Portsmouth Crown Court agreed that it would be disproportionate in accordance with Section 6 (5) of the Proceeds of Crime Act 2002 and made a Confiscation Order that did not require payment of the available amount.
