Confiscation proceedings: a Draconian regime?
The confiscation legislation in the Proceeds of Crime Act (PoCA) 2002 is increasingly rearing its head
(Sunderland accountant facing jail term), but does the regime deserve its “Draconian” epithet?
This lively debate has been simmering away in the Money Laundering & Fraud discussion group, revolving around the question of how severely - in terms of financial penalties - we should treat convicted criminals.
David Winch asks whether we should hit them hard - even financially 'wipe them out' - or endeavour to respect their human rights by applying the hallowed principle of ‘innocent until proven guilty’ to restrict their punishment to those matters of which they have been proven to have been guilty?
Winch kicked off the debate by outlining the six key ‘Draconian’ features that make the confiscation regime severe: