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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice
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If someone is prosecuted under P.O.C.A. and ends up with the

Customer Question

If someone is prosecuted under P.O.C.A. and ends up with the following figures
(a) Benefit £500000
(b) Realisable £250000
(c) After loss on
property sale £200000 obtained and a Certificate of Inadequacy issued.
Seven years later does the person still owe anything?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How much was paid please?
Customer: replied 2 years ago.

Everything was paid that was available. i.e. £200000 paid. Certificate of Inadequacy then issued

Expert:  Jo C. replied 2 years ago.
Do they accept that you have no other property or assets?
Customer: replied 2 years ago.

Yes. It is simply a case of any assets that might be acquired in say 4/5 years time

Expert:  Jo C. replied 2 years ago.
Thank you.
It isn't as simple as you may have been led to believe I'm afraid.
The certificates of inadequacy does not bring to an end the order. All it does is assert that the order is not covered by the specific asset.
Defendants that is subject to that order can always apply for a variation of the available amount. However that must be done otherwise the full amount remains owed.
At the time of that application the court must calculate the sum on the date the application is hurt rather than look retrospectively to the situation at the time of the original order. If the court finds that the available amount is inadequate for the payment of any sum due under the confiscation order then the court may vary it replacing it with any smaller sum that the court thinks is just.
There is direct case law on this point in a case which you will find here
R v Ward [2010] EWCA Crim 1932
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks- I know it is complicated!

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jo C. replied 2 years ago.
I will do that