POCA Defence Lawyers

Flint Bishop’s criminal defence solicitors are recognised as national leaders in defending individuals, or corporate clients facing prosecution, and risk losing financial assets against complex POCA proceedings. We bring more than 30 years’ experience in financial crime, regulatory defence and corporate investigations.

Recognised by Legal 500 as a leading firm, our POCA Solicitors, including Jeremy Scott and Meghan Waldron, are trusted across the UK for their strategic, commercial and client-first approach. We regularly advise individuals, company directors, professionals and business owners caught up in POCA investigations, often long before formal court proceedings arise.

Our leading POCA Solicitors possess robust legal and technical expertise surrounding the investigation procedures of the full range of investigatory bodies involved in POCA proceedings. We regularly work swiftly, decisively and discreetly for clients across England and Wales to protect what matters most to you: your liberty, your livelihood, and your assets. We are known for proactive defence tactics, early engagement with authorities, and robust challenge of overreaching asset seizure attempts. Our goal is to minimise the impact on you and your business.

Whether you are under investigation by the police, HMRC, Serious Fraud Office or the National Crime Agency, early advice is critical. Contact our POCA defence lawyers today to safeguard your position. Call Jeremy Scott now on 07971 520407 or complete the enquiry form below.

The Proceeds of Crime Act outlines several ways to recover assets. Both police and other enforcement agencies may use any combination of the following processes, often quickly and without warning.

Asset freezing and forfeiture orders

Under POCA, courts and law enforcement agencies can freeze a person’s assets if there is a suspicion they are linked to criminal conduct. If those assets are later proven to be the proceeds of crime, a forfeiture order may be granted, permanently removing them from the individual’s possession.

Bank freezing orders

These orders allow authorities to prohibit transactions on specified bank accounts, preventing funds from being moved while an investigation or legal proceedings are ongoing. The measure is designed to stop suspects dissipating assets that may be subject to confiscation or forfeiture.

Cash and asset seizure

Under certain circumstances, law enforcement officers can seize cash if they have reasonable grounds to believe it is derived from, or intended for use in, unlawful activity. If a court upholds that the money is criminally tainted, the seized cash can be forfeited.

Confiscation orders

Confiscation orders under POCA 2002 require offenders to pay a sum of money reflecting the benefit they have gained from criminal conduct. Failure to comply can lead to additional penalties or imprisonment, ensuring that individuals cannot profit from their crimes.

Restraint orders

A restraint order freezes a defendant’s realisable assets during criminal investigations or proceedings. This prevents the disposal or transfer of property that may later be needed to fulfil a confiscation order if the defendant is convicted.

Unexplained wealth orders

UWOs compel individuals to provide information on how they acquired specific assets when there is suspicion that their known income could not have financed them. If the individual cannot adequately explain the source of funds, authorities can pursue further action, such as civil recovery or criminal prosecution.

Civil recovery orders under Part 5 of POCA

Under Part 5 of POCA, civil recovery orders enable the authorities to recover property obtained through unlawful conduct, without necessarily bringing a criminal prosecution. The process relies on a ‘balance of probabilities’ test, and if a court is satisfied that the property in question has been derived from criminal activity, it can be seized and removed from possession. This part of the legislation, added with s241A in 2017, also outlines the seizure of assets obtained from human rights abuse and violation.