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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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I was sentenced to a confiscation order in june 2009, with

Resolved Question:

I was sentenced to a confiscation order in june 2009, with the default sentence of 3 years. I have not served the sentence and have only payed a small portion of the confiscation.
I have looked online, and on the cps websit under principles of confiscation orders it states,
'Any delay in the activation of a default sentence may result in a breach of the ECHR and may result in a loss of powers uner POCA.'
Could you please tell me if this applies in my case. This all started over 7 years ago and quite frankly I have had enough.
Thanks,
XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Do you know why this has taken so long?

Has there been any interest in you?
Customer: replied 3 years ago.

Hi Jo,


When I was first sentenced, I did what I could to try and raise the over inflated figure by placing my property in cyprus on the market.


Then for years I was told to pay up or they would impose the default sentence. I would let them know there had been no interest in the property and then I would hear nothing for a month or so until I got the next threatening letter.


As I said before, this started seven years ago now and my health has really suffered. I need to know if this is a human rights issue as stated on the cps website.


Thanks again,


XXXXX XXXXX

Expert:  Jo C. replied 3 years ago.
Can you give me the link to the CPS website where you found that? I cannot find that.
Customer: replied 3 years ago.

Hi Jo,


I just typed in confiscation orders and it came up with the cps website. If you look into the principles section you will find it in there.


Thanks,


Andy

Expert:  Jo C. replied 3 years ago.
Oh yes, I've got the CPS website but I can't find anything about it offending the HRA.?
Customer: replied 3 years ago.

Hi jo,


I don't have it in front of me but it goes something like this, ' Any inordinate delay in activating the default sentence could result in a breach of the defendant's rights under ECHR no. (Cant remember) and may result in a loss of powers under POCA.


Thanks,


Andy

Expert:  Jo C. replied 3 years ago.

Thanks.

I'm afraid I cannot agree that delay per se is a breach of the ECHR. Delay can be an abuse of process of course.

Obviously you do have to take into account that I haven't had the benefit of seeing whatever it is you were reading. If you can find the link then I might be able to offer more.

All points can take human rights points but I cannot see a human right that would apply to delay alone unless, as a result of delay, evidence were lost and then it would offend against Art 6 possibly.

I'll be happy to discuss this further if you can find out more information.

Jo
Customer: replied 3 years ago.

Hi jo,


Tomorrow I will go through the process and relay it back to you so you can find it.


Thanks,


Andy

Expert:  Jo C. replied 3 years ago.
Ok.

I will be around.
Customer: replied 3 years ago.


Hi Jo,


I have looked into it and can now see that the site has been updated and that what I had quoted you no longer exists.


I'm now relying on the case being disproportionate . I was prosecuted for tax evasion. My original solicitor took the police figures as gospel and never got anyone in to check them.


£50,000 should not have been included in the figure and I should only have payed the tax on the further £2000,000. Instead they want every penny.


Thanks,


Andy

Expert:  Jo C. replied 3 years ago.
No problem.

Did you want to know anything else about that?

Jo
Customer: replied 3 years ago.

There must be some human rights issues. No one should have prison dangled in their face for seven years. Its inhumane.


Andy

Expert:  Jo C. replied 3 years ago.
I'm afraid I cannot agree that this amounts to inhumane or degrading treatment.

The threat of prosecution is something that often looms over people for many years and it doesn't amount to a breach of human rights.

It can be an abuse of process although generally only when evidence is lost.
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