What is meant by "Proceeds of Crime"?

Proceeds of Crime is a term which has been around a long time but historically arose in relation to drugs. Now, it is far more extensive. If you have been found guilty of a criminal offence and made some financial gain, then it is open to the Crown Prosecution Service, on conviction, to make application under the Proceeds of Crime Act. This is serious. The Court will grant the Application. Using the information they will by then have accumulated about your financial situation, they will serve a Statement on you. With the management of a brothel, there is a presumption that you have a criminal lifestyle. It is one of those offences that attracts that definition. This means that police can go back as long as they want in order to establish that you have benefitted from the criminal behaviour.

The figure they eventually come up with is always much higher than they themselves realistically believe to be the figure they will get. Unfortunately, many lawyers are clueless about Proceeds of Crime, and the police can too easily get what they do not deserve. There are two figures - the benefit figure (the amount by which they say you have benefitted) and the available sum, which can be much lower. They cannot get what you do not have. What is spent is spent. But what they can do to aggravate you further is to claim that, in addition, you have "hidden assets." there are various presumptions and Proceeds of Crime goes against the tide on - presumed innocent until guilty. The reverse is true here. The presumption is that funds are the proceeds of crime unless you can prove otherwise. Take proper advice as default in paying the sum ordered can and often does lead to a further prison sentence.

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