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In essence a confiscation order is an order of the Crown Court requiring the convicted defendant to pay to the state a specified sum of money by a specified date (no later than 12 months after the date on which the order is made [10] reduced to 6 months with effect from 1 June 2015 [11]). The Crown Court is obliged to make a confiscation order ...
POCA strengthened the legislation relating to seizures of cash, money laundering, investigatory powers, and restraint and confiscation procedures. Previously, only profits from certain crimes, such as drug trafficking, were liable to confiscation. The Agency had three strategic aims:
A restraint order is an order which has the effect of freezing the assets and bank accounts of the persons against whom it is directed, in consequence of a belief by the authorities that some crime has been committed from which a person has benefited financially.
A confiscation order is a court order made in the Crown Court requiring a convicted defendant to pay a specified amount of money to the state by a specified date. Secondly, there are cash forfeiture proceedings, which take place (in England and Wales) in a magistrates' court with a right of appeal to the Crown Court , having been brought by ...
Confiscation (from the Latin confiscatio "to consign to the fiscus, i.e. transfer to the treasury") is a legal form of seizure by a government or other public authority. The word is also used, popularly, of spoliation under legal forms, or of any seizure of property as punishment or in enforcement of the law.
In the 1980s, the war on drugs led governments again to turn to money laundering rules in an attempt to track and seize the proceeds of drug crimes in order to catch the organizers and individuals running drug empires. It also had the benefit, from a law enforcement point of view, of turning rules of evidence "upside down".
The statutory functions of the Criminal Assets Bureau include the taking of all necessary actions for the purpose of the freezing and confiscation of assets suspected of deriving from criminal activity and that such actions include, where appropriate, subject to any international agreement, cooperation with any police force or any authority ...
Third, legal processes must usually be initiated in the requested country in order to confiscate the assets. Following this, requested authorities must repatriate the assets back to the requesting country. Each of the necessary steps—tracing, freezing, confiscation and repatriation—presents its own unique challenges. [7]