James O’Hara acted for a defendant in confiscation proceedings following a conviction for Conspiracy to Supply Class A Drugs. The Crown asserted the defendant’s benefit figure from particular criminal conduct as being £360,000. Following legal argument as to the defendant’s lack of proprietorial interest in the drugs, his particular criminal conduct was agreed as being £200.
It is absolutely vital to challenge the alleged “benefit figure” wherever possible. Many defendant’s subject to confiscation proceedings do not understand that the benefit figure on any Confiscation Order remains in place for life. The Crown can apply to the Court at any point in the future, to take legitimately earned money to satisfy any shortfall between the “benefit figure” and “available amount” on a Confiscation Order.
If you have confiscation proceedings and would like a free consultation, please email jameso@ikpsolicitors.com, or telephone our office on 0207 404 3004.