A Confiscation Order is made by a Crown court after conviction, to deprive the defendant of any benefit they have obtained from criminality. For some of the most serious criminals the sums can be substantial. The confiscation regime is robust, ensuring that law enforcement agencies recover the assets from criminals, not only to prevent those individuals from enjoying a lifestyle which could have only been funded as a result of their proceeds of crime but also to prevent the use of those assets for any future criminality.
At the confiscation hearing, the Judge will make an order calculating the defendant’s benefit from their criminality, the value of assets that the defendant has, the time which the defendant has to realise the value of their assets and should the defendant fail to pay on time – the default sentence. The default sentence is an additional term of imprisonment which can be activated by the Magistrates Court at the time of enforcement.
Enforcement of Confiscation Orders
Following a confiscation order being granted at the Crown Court, the Magistrates Court, along with HM Courts and Tribunals Service (HMCTS), the Crown Prosecution Service (CPS) and Law Enforcement Agencies enforce the confiscation orders once the time to pay period has expired. Once the time to pay period expires the defendant is charged interest at 8% on the amount outstanding.
The role of the Asset Confiscation Enforcement (ACE) team is to assist with the enforcement at the Magistrates Court and to pursue assets if necessary in the Crown Court
The following defendants have failed to appear at an enforcement court hearing and the assistance of the public is sought in identifying their whereabouts:
If you recognise any of these individuals and have details of their whereabouts, please contact Crimestoppers anonymously by phone or online:
Visit the Crimestoppers Website for further information: www.crimestoppers-uk.org
Crimestoppers guarantee your anonymity; calls cannot be traced and are not recorded. No-one will ever know who you are, you will not have to give a statement to the Police and you will never have to go to court.
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