Proceeds of crime

[mthbb]

I have a few questions...



1) If available amount was based on equity from a house and during time given to sell it the house prices dropped leaving no equity could you get order reduced?



2) Can a sale be prevented by a spouse/partner with a beneficial interest in the property?



3) What would happen if the equity in the house left after selling fees was only a small amount up to £1000 say, could you argue against a forced sale if you had kids etc for a relatively small amount?

[Aged William]

Is this a confiscation or forfeiture order?

[mthbb]

Is this a confiscation or forfeiture order?

Its a confiscation order

[Aged William]

The answer is probably case-specific based on the actual Order following the court's determination of benefit and the realisable assets. I suggest the defendant considers contacting the administrator (if one was appointed) and/or his solicitor for specific advice.

The Order should have explained that...

A confiscation order is an order made against a convicted defendant ordering him to pay the amount of his benefit from crime. Unlike a forfeiture order, a confiscation order is not directed towards a particular asset. It does not deprive the defendant or anyone else of title to any property.


[...]

The court has no discretion to mitigate the confiscation order. For example, if the defendant has an interest in the family home, its value must be calculated. This is so even if the effect of the confiscation order may be to render the defendant and dependent relatives homeless.

The court has the power to make a confiscation order in a sum of money. Thereafter, the court must settle a term of imprisonment in default. It may also permit the defendant time to pay or payment in instalments. The court has no power to direct payment from a particular source (for example, money held by police).


https://www.cps.gov.uk/legal-guidanc...any%20property.