The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
Upon receipt of an application from the prosecution for a confiscation order, or on the court's own decision to make such an order, following the conviction of a defendant, the court must consider a number of key questions before a confiscation order can be made. The first question which the court must consider, is whether the defendant has a criminal lifestyle. For more information about confiscation orders and the procedure for obtaining an order see Practice Note: Confiscation under the Proceeds of Crime Act 2002 and checklist: Confiscation procedure—flowchart.
The court must be satisfied on the balance of probabilities that the defendant has a criminal lifestyle.
What constitutes a criminal lifestyle is determined by section 75 of the Proceeds of Crime Act 2002 (POCA 2002). A person only has a criminal lifestyle if the offence of which he is convicted satisfies one or more of these tests:
it is a lifestyle offence specified in POCA 2002, Sch 2
it constitutes conduct forming part of a course of criminal activity
it is an offence committed over a period of at least six months and the defendant has benefited from the conduct that constitutes the offence
See checklist: Criminal lifestyle—flowchart.
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