POC Basics

Question 1

What is POCA designed to do?

Answer 1

To deny criminals the use of their assets, recover the proceeds of crime and disrupt and deter criminality.

Home Office Factsheet 2014: overview of the proceeds of crime.

Question 2

What is restraint?

Answer 2

An order by the crown court prohibiting any specified person from dealing with any realisable property held by him. s41 POCA

Question 3

What are the main 2 gateways the authorities need to pass through to be allowed to apply for a restraint order?

Answer 3

s40(2) a criminal investigation has been started and there are reasonable grounds to suspect the alleged offender has benefited from his criminal conduct

s40(3) proceedings have begun and there is reasonable cause to believe D has benefited from his criminal conduct

Question 4

Jennings v CPS

Answer 4

In dishonesty cases the risk of dissipation will speak for itself. It is for the court to decide if there is a risk of dissipation.

Question 5

What is the legislative steer?

Answer 5

The legislative steer refers to s69 POCA which sets out how the court must exercise its power of restraint.

To make sure there is no diminution of the value of the property.

Question 6

How is a s41 application for restraint brought?

Answer 6

1. Before the Crown Court normally in private
2. Usually ex parte
3. Apps can be oral or written

Question 7

Can a restraint order be challenged

Answer 7

Yes. Defence can challenge:
1.Were there proper grounds?
2. There was not full and frank disclosure
3. There was actually no risk of dissipation
4. There has been delay - s41

Question 8

Who is a restraint order served on?

Answer 8

The alleged offender and all third parties.