This can be done by way of an application to the magistrates' court under area 297E of POCA to reserve the forfeiture order or by an appeal to the crown court under section 299 of POCA. Our client was charged with numerous claims of theft, as was his co accused.
Nevertheless, if your main issue is to recover belongings of the residential or commercial property you may exercise forfeiture of lease first and pursue the renter for impressive lease, service fee and insurance by acquiring a County Court Judgment. The High Court powers are only readily available in confiscation cases.
However, if no objection is made within the time frame the cash will be forfeited together with interest accumulated and paid into a combined fund. It is a civil standard of proof. Throughout this time, if the police have the proper proof they can apply to completely keep the cash.
Thus, defenses against the forfeiture can be brought only by 3rd parties, who should step in. Protected in confiscation procedures in the case of a founded guilty scammer. Prosecution junior counsel in health and safety prosecution of the organisers of the Middlesbrough Triathlon arising from the death of a viewer.
The concern of proof is on the respondent to provide any evidence they wish to depend on to show that the cash did not originate from or was not intended for criminal activity or illegal conduct by describing the origin of the cash. Apprehended or taken cash can be forfeited under section 297A and area 298 of POCA.
An effective defense of your case may also be based upon evidence supplied by you or forensic accounting professionals revealing that your home was acquired with genuine funds. The police have a specific process they should follow to get a court order to take your cash or residential or commercial property.
Here the test is among fulfillment, where if the court is "pleased" that the cash held in the frozen account is undoubtedly, as the enforcement officer suspects, meant for usage in unlawful conduct or recoverable residential or commercial property, the court can buy it forfeit.