Proceeds of Crime & Confiscation
If an individual is convicted of a criminal offence where there is an element of financial benefit, then the Court is obliged to consider making a confiscation order under the Proceeds of Crime Act 2002.
The consequences can be severe: not only in terms of financial loss, but in respect of financial lifestyle provisions where individuals are required to prove that income, they have received is legitimate or face it being confiscated. There is also the prospect of the imposition of default prison sentences if confiscation orders are not paid within the specified statutory time limits. This all means that proceedings under the Proceeds of Crime act should be taken very seriously.
Quentin Hunt has extensive experience in representing clients facing confiscation orders, having acted in some of the most complex and high-value proceedings brought under POCA. These cases require detailed financial analysis, tactical judgment, and an advocate who is brave, forensic and strategic in approach.
Quentin’s confiscation expertise includes the following areas:
- Disputes over the benefit figure (Section 76)
- Challenges to the recoverable or available amount
- Arguments around tainted gifts and joint assets
- POCA proceedings in ‘regulatory’ criminal offences such as Planning Enforcement,
- Dog Breeding and Trading Standards cases
- Acting to protect the assets of spouses when their partners face confiscation proceedings
- Reconsideration of the available amount upon an application by the prosecution (Section 22)
- Applications for certificate of inadequacy
- Enforcement and default sentence hearings
Quentin regularly defends his client’s interests where the prosecution has applied inflated figures or sought to recover non-existent or inaccessible assets, including jointly owned family property or legitimate business income.
Quentin’s guides to confiscation law
Quentin has a particular dislike for local authority prosecutions where private prosecutors such as local councils try to extract the maximum figure, they can in POCA cases, knowing that around 1/3 of the money recovered will go directly into their pockets under the Asset Recovery Incentivisation Scheme. Quentin has found that the approach local authorities sometimes take in these cases is oppressive and unfair, and he delights in fighting such cases on behalf of his clients. He will often work closely with expert forensic accountants to challenge prosecution valuations and ensure a fair and proportionate outcome.
Whether your case involves fraud, money laundering, drugs, or tax offences, Quentin can represent you at the confiscation stage regardless of whether he represented you at trial, this includes negotiations, contested hearings, and appeals where necessary.
Quentin is of the view that the key to success in confiscation proceedings is early preparation and a clear strategy. If you are facing POCA proceedings, Quentin can provide the expert advice and robust representation you need to protect your interests and limit financial loss.
POCA Success Stories
Frequently Asked Questions
There is no stage that is too early or too late to seek legal advice if you consider yourself to be in trouble. In fact, the earlier you get an experienced legal representative on board the more likely you are to avoid mistakes at the beginning of proceedings that can come back to haunt you later if the matter proceeds to litigation.
One of Quentin’s mottos is that ‘the best way to win a trial is not to have a trial at all’ and he is known for the drafting of effective pre-charge representations and the launching of powerful pre-trial legal arguments. His tactical and skilful drafting and presentation of arguments such as disclosure, abuse of process and dismissal applications can often defeat a prosecution case before it even gets to trial.
Quentin is also adept at accepting instructions at a late stage and is often approached to ‘rescue’ cases from ineffective publicly funded representatives.
Quentin is passionate about committing the necessary time and attention to detail to his cases and purposefully does not take on a huge client base. He is therefore does not accept instruction in Legal Aid or publicly funded cases.
If you have been accused of a criminal offence you have the right to seek justice by employing the best barrister to present your case. You can instruct leading criminal barrister Quentin Hunt to handle your criminal case directly – rather than having to go through a third-party solicitor. You can contact Quentin for a free, no obligation conversation about your case, he will talk you through the process personally.