Quentin saves Landlord over £648,000 in Proceeds of Crime Act case.

Quentin was instructed to represent Mr AP, a professional landlord who had failed to obey a planning enforcement notice contrary to s179 of the Town and Country Planning Act 1990. AP pleaded guilty to the offence, and as the offence related to rental property, the prosecution sought a confiscation order under the Proceeds of Crime Act 2002 (POCA). Such orders can be draconian in nature and AP sought specialist legal advice in respect of this by instructing Criminal Barrister Quentin Hunt under the direct public access scheme.

The prosecutor in the case, the London Borough of Harrow, initially sought a sum of £778,355 from Mr AP under POCA. Quentin set about challenging this figure. He instructed a specialist forensic accountant to scrutinise the figures put forward by the prosecutor and collected evidence in rebuttal of the various calculations and assumptions that formed the basis of the prosecution figures.

As a result of this, Quentin was able to put forward a robust statement on behalf of AP under s17 of the Proceeds of Crime Act 2002 supported by his underlying legal analysis and accompanied by a critique of the underlying accounting assumptions by the forensic accountant.

Following the submission of the s17, Quentin entered into discussions with the prosecution to try to settle the matter on terms most favourable to AP. Following a detailed series of negotiations Quentin was able to persuade the prosecution to accept a benefit figure of less than £130,000. This represented a saving of over £648,000 from the figure that the prosecution initially sought. Upon a hearing at Harrow Crown Court, a confiscation order was made in this sum. AP was delighted with the reduction in the sum claimed and the level of the order.

If you find yourself facing an order under the Proceeds of Crime Act 2002 then matters can seem both daunting and depressing. Although the Act and subsequent case law is harsh upon defendants, there are many areas in which potential orders can be challenged. Quentin Hunt is a criminal defence barrister who has been successfully dealing with confiscation orders under POCA since the Act came into force. He is especially adept at dealing with cases involving confiscation orders for fraud and planning breach offences.

If you face such proceedings, or envisage that you might, you may contact Quentin for a free, no obligation discussion about how he may be able to assist in your case.