How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71146
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I was sentenced to a confiscation order in june 2009, with

This answer was rated:

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
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 4 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

Can you give me the link to the CPS website where you found that? I cannot find that.
Customer: replied 4 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

Oh yes, I've got the CPS website but I can't find anything about it offending the HRA.?
Customer: replied 4 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


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 4 years ago.

Hi jo,


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


Thanks,


Andy

Ok.

I will be around.
Customer: replied 4 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

No problem.

Did you want to know anything else about that?

Jo
Customer: replied 4 years ago.

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


Andy

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.
Jo C. and 3 other Law Specialists are ready to help you