Confiscation Basics MBL Seminar

Question 1

What order are the POCA statements provided in?

Answer 1

1. s18 statement from D setting out his assets.
2. s16 statement from the prosecutor/FI setting out criminality; the benefit amount; the available amount and what the order should be.
3. s17 Ds statement responding to s16 statement.
   4.s16A prosecution response to defence response if applicable.

Question 2

Can a confiscation order be revisited?

Answer 2

Yes. Where benefit is higher than available amount then state can recover excess if D later gets a windfall. See s21-25

Question 3

Is interest charged?

Answer 3

Yes and it cannot be written off.

Question 4

Where does the money go?

Answer 4

To the state other than compensation which goes to the victims.

Question 5

What are the sanctions for non-compliance.

Answer 5

Enforcement happens in the Mags Court. Ultimately there is a default sentence and D will have to go to prison.