Serving England & Wales since 2008
Proceeds of Crime Solicitors (POCA)
Kidwells Solicitors
Leading proceeds of crime solicitor providing urgent legal advice and specialist defence representation for individuals and businesses facing investigation or enforcement action under the Proceeds of Crime Act (POCA), including confiscation proceedings, restraint orders and asset seizure.
If you are being investigated or have been subject to POCA action, it is essential to seek advice from an experienced POCA solicitor as early as possible. These cases are highly complex and often begin alongside or after criminal proceedings, with authorities seeking to recover alleged criminal benefit through financial investigation and enforcement action.
POCA cases can have serious and long-lasting consequences, including confiscation orders, frozen assets, and enforced sale of property or other valuables. Our specialist team provides clear, strategic advice and robust representation to challenge claims made by the prosecution and protect your assets wherever possible.
What is the Proceeds of Crime Act (POCA)?
The Proceeds of Crime Act 2002 gives law enforcement and prosecutors extensive powers to recover assets they believe are connected to criminal conduct. This can include confiscating financial benefit following a conviction, restraining assets during an investigation, and pursuing recovery through civil or enforcement proceedings.
POCA is designed to ensure that individuals do not benefit financially from criminal activity. Courts can make orders requiring defendants to repay the value of alleged criminal benefit, even where specific assets are no longer available. In some cases, enforcement action can also include interest, default sentences, and recovery of assets from third parties.
A specialist asset seizure solicitor can help challenge these assumptions and ensure that only properly evidenced assets are included in any order.
Confiscation orders
Confiscation proceedings usually take place after a criminal conviction. The court will assess whether a defendant has benefited from criminal conduct and determine the value of that benefit.
The court will also consider the defendant’s “available amount” and may order payment of whichever figure is lower. If payment is not made, enforcement action can follow, including imprisonment in default.
A POCA solicitor can assist by challenging the prosecution’s calculation of benefit, identifying errors in financial assumptions, and presenting evidence of legitimate asset ownership.
Restraint orders and asset freezing
Restraint orders can be made early in an investigation to prevent assets from being sold, moved or disposed of. These orders may apply to bank accounts, property, vehicles and other valuable assets.
Authorities may also require disclosure of financial information and can take steps to preserve assets for potential confiscation proceedings.
A skilled asset seizure solicitor can challenge restraint orders where they are disproportionate, unsupported by evidence, or unlawfully obtained, and can apply for variations to allow access to funds for living or legal expenses.
Investigations and financial enquiries
POCA investigations often involve detailed financial analysis, including bank account reviews, property ownership checks, and scrutiny of business income or expenditure. These investigations can be wide-ranging and may affect individuals who are not directly involved in the alleged criminal conduct.
Authorities may also rely on statutory assumptions when calculating alleged benefit, placing a burden on the defendant to challenge the prosecution’s case.
Early advice from an experienced POCA solicitor is essential to ensure that your financial position is properly presented and protected.
Our POCA solicitors can help you with:
- Defence and advice for all Proceeds of Crime Act investigations and proceedings.
- Representation from an experienced POCA solicitor at every stage of the process.
- Challenging confiscation orders and prosecution benefit calculations.
- Applications to discharge or vary restraint orders and asset freezing measures.
- Representation by an asset seizure solicitor in complex financial proceedings.
- Protecting property, savings, and business assets from enforcement action.
- Advising on financial disclosure requirements and compliance obligations.
- Instruction of forensic accountants and financial experts.
- Crown Court representation in confiscation proceedings.
Why instruct our POCA solicitors
POCA proceedings are some of the most complex areas of criminal law, involving detailed financial investigation, legal presumptions, and aggressive enforcement powers. Early legal advice is critical to protecting your assets and challenging the prosecution’s case effectively.
Our POCA solicitors understand how to dismantle flawed financial assumptions, challenge restraint applications, and ensure that only properly evidenced benefit is considered by the court. We work closely with financial experts to analyse accounts, trace legitimate income, and build strong defence strategies.
Whether you need a POCA solicitor or an asset seizure solicitor, you will receive direct, specialist support from an experienced lawyer who will guide you through every stage of the process.
We act quickly, discreetly and strategically to protect your financial interests and ensure your case is handled with the urgency it requires.
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“We’d like to instruct you, what do I need to do next?”
If you need a POCA solicitor, contact us immediately. Early intervention can be crucial in preventing or limiting asset restraint and strengthening your position in any confiscation proceedings.
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When you get in touch, we will:
- Discuss your situation in complete confidence.
- Explain your legal rights and the POCA process clearly.
- Advise on immediate steps to protect your assets.
- Begin preparing your defence and financial response strategy.
You should not deal with POCA investigations or asset recovery proceedings without specialist legal advice.
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Speak to a proceeds of crime solicitor today
If you are facing confiscation proceedings, asset seizure, or investigation under POCA, speak to a trusted proceeds of crime solicitor today. Our experienced team is ready to provide urgent, confidential advice and strong defence representation when it matters most.