Confiscation - second time around

I have written a new blog piece "Confiscation - second time around" on my own website which deals with the modifications to the ordinary PoCA 2002 confiscation provisions regarding the 'relevant day' and the statutory assumptions where a person is going through confiscation for a second time following a later conviction or convictions.

It is a situation which does not arise very often, but where it does there are some technical issues which have implications which you may find surprising.

The piece deals with the situation in which a defendant has been subject initially to a confiscation in which statutory assumptions regarding benefit applied (either under PoCA 2002 or an earlier confiscation regime) and is then subject to a fresh confiscation under the 'criminal lifestyle' assumptions of PoCA 2002 in England & Wales.

Because it is a technical piece dealing with a subject which does not affect most accountants I am not planning to reproduce it on AWEB - but if you want to read it follow this link.

David

Comments
nogammonsinanundoubledgame's picture

Would you confirm, then, that ...

nogammonsinanun... | | Permalink

... the rehabilitation of offenders act, which under many circumstances requires that "spent" convictions over a particular age are regarded never to have happened at all, has no effect when considering the effect of very old confiscations in the application of current proceedings?

With kind regards

Clint Westwood

davidwinch's picture

Rehabilitation of Offenders Act 1974

davidwinch | | Permalink

Clint

You have in mind s4(1) Rehabilitation of Offenders Act 1974 which provides:

(1)   Subject to sections 7 and 8 below, a person who has become a rehabilitated person for the purposes of this Act in respect of a conviction shall be treated for all purposes in law as a person who has not committed or been charged with or prosecuted for or convicted of or sentenced for the offence or offences which were the subject of that conviction; and, notwithstanding the provisions of any other enactment or rule of law to the contrary, but subject as aforesaid —

   (a)    no evidence shall be admissible in any proceedings before a judicial authority exercising its jurisdiction or functions in Great Britain to prove that any such person has committed or been charged with or prosecuted for or convicted of or sentenced for any offence which was the subject of a spent conviction; and . . . .

 

However do not overlook section 7(2) of the same Act which includes

(2)  Nothing in section 4(1) above shall affect the determination of any issue, or prevent the admission or requirement of any evidence, relating to a person’s previous convictions or to circumstances ancillary thereto —

   (a)  in any criminal proceedings before a court in Great Britain (including any appeal or reference in a criminal matter) . . . .

 

In other words a 'spent' conviction is not 'spent' as soon as you cross the threshold of a criminal court.

David

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