Posted: 23 / 05 / 2021
I have been asked if there is a simple way to determine whether a convicted defendant has a ‘criminal lifestyle’ for confiscation purposes under Part 2 of the Proceeds of Crime Act 2002, applicable in England and Wales.
This flowchart should help. It will be easier to read when viewed on a laptop or larger screen, rather than on a phone.
Of course it may be necessary to consider carefully the detailed provisions of Schedule 2, or whether this defendant has been convicted of criminal conduct in which he has been engaged for a period of at least six months, or whether (at the time the court makes its decision) the relevant benefit obtained (solely or jointly) by this defendant has a sterling value of at least £5,000 – but hopefully this flowchart will guide you to ask yourself the right questions in accordance with s75.
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(Note: This article applies to confiscation proceedings under the provisions of Part 2 of the Proceeds of Crime Act 2002 in England and Wales. There are a number of additional issues which could be relevant to a defendant’s confiscation proceedings in particular cases which it is not possible to deal with in a relatively short article such as this. Appropriate professional advice should be sought in each individual case.)