‘I’ll Be Back’ - Applications to Reopen Confiscation Orders under POCA

Introduction

POCA has been with us for 19 years. The concept of outstanding benefit figure is now a very hot topic within cold case POCA Units.

Applications to reopen old POCA orders are becoming ever more common. Advice given in the past as to the prospects of being reinvestigated is now obsolete. You need to know when and how a reapplication can be made, and what the judge will do with it once it reaches court.

The live broadcast session is aimed at those who wish to know how a reopening application under section 21, 22, or 23 operates.

What You Will Learn

This live and interactive session will cover the following:

• The structure of confiscation proceedings
• Historic approach to benefit figure, discussion of concept of outstanding benefit
• S21 applications by the Crown to re-visit benefit figure - when is this possible and why would it be used?
• S22 application by the Crown to re-visit available amount - when is this possible, what is the interrelationship with proportionality. What are the competing considerations for the court?
• S23 application by the Defence to re-visit available amount - how is this used, what are the hurdles to be crossed by the applicant?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.