Civil Powers & POCA - A Guide to Account Freezing & Forfeiture

Introduction

In 2019/20, £208 million was frozen across 812 bank and building society accounts, using account freezing orders. In the same period, just over £69 million was collected through forfeitures.

Use of non-conviction based civil powers is steadily rising.

The powers are set out in Part 5 of the Proceeds of Crime Act 2002 and provide for the freezing of sums in bank and building society accounts where there are ‘reasonable grounds to suspect’ they contain the proceeds of unlawful conduct or funds intended for use in unlawful conduct. To apply for forfeiture, the authorities must then satisfy the court that the funds are truly tainted in that way (and not just that there is a suspicion).

Importantly, the proceedings are civil, requiring no criminal conviction to act as the trigger.

This webinar will focus on the scope of the authorities’ powers to freeze and forfeit from bank and building society accounts, and how these can be challenged through the courts.

What You Will Learn

This webinar will cover the following:

Account Freezing

• The statutory test and burden of proof
• Exclusions for reasonable living expenses, carrying on a business, legal expenses
• Opportunities to negotiate with the authorities
• Challenging the application before the Court - procedural requirements and preparing the evidence
• Costs & compensation

Account Forfeiture

• The statutory test and burden of proof
• Opportunities to negotiate with the authorities
• Challenging the application before the Court - procedural requirements and preparing the evidence
• Third parties
• Costs and compensation

This webinar was recorded on 27th September 2021