An article from the law chambers of 5 St Andrews Hill discusses the Law Commission Consultation Paper on Confiscation and Part 2 of the Proceeds of Crime Act 2002 (POCA 2002) and provide insight on some the key proposals. This was in the light of a consultation paper from the Law Commission on 17 September. The paper covers numerous different areas and makes some interesting proposals, but there are 3 areas that are particularly worthy of consideration:
- how the court places a value on the amount a defendant has benefitted from their criminal conduct (the benefit);
- the enforcement of confiscation orders (enforcement); and
- a new focus on ensuring the compensation of victims (victims’ rights).
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