The Prosecution Fail in Procceds of Crime Application

The Proceeds of Crime Act leaves debts that do not go away. The prosecuting authority are entitled to bring further proceedings if a Defendant is found to have further assets later down the line, until the benefit figure is met.

The Prosecution in this case became aware that D had assets that they were previously unaware of and now wanted, a BMW motor vehicle and cash in his savings account. The defendant had,  since his release from his prison sentence,  worked hard and legitimately, paying his  taxes and saving his money for a number of years. The prosecution, in law, were entitled to it.

Represented by Phil Priestley of Opus Law, it was advanced that the car was a necessity for day to day life- driving to work and to see his children who lived some 40 miles away. The money in his account was savings for a deposit to buy a home.

The Judge hearing the application was not impressed by the prosecutions application. Having turned his life around the Judge was loathed  to take these assets away, in a move that would have left the defendant somewhat disgruntled. It could also have led the Defendant to seek to hide assets in the future or even turn back to a life of crime.

The judge sensibly rejected the application made and our client kept his car and his cash.

Legal 500 Lexcel