Q&As

Does the claim of an spouse under the MCA 1973 defeat a confiscation order?

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Published on LexisPSL on 25/11/2013

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • Does the claim of an spouse under the MCA 1973 defeat a confiscation order?

Where there are no ancillary relief proceedings, the defendant’s matrimonial home or his share of it will be included in the available amount. The fact that this causes hardship to the family when the home is sold to meet the order is not relevant to the calculation. This has been subject to challenge and has been found to be compatible with the Human Rights Act 1998 (HRA 1998) (Danison v UK (1998) Appln 45042/98). Please see the Practice Note: Determining the recoverable amount (benefit and available amount) under POCA 2002

< POCA 2002, s 98 provides some protection for the family home in Scotland but there is no equivalent protection in England. The family of a defendant does have the opportunity to challenge this at the enforcement stage, at which point representations from affected third parties are heard. <

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