In circumstances where it is considered that property has been obtained from unlawful conduct, POCA authorities may seek to obtain a civil recovery order.
This will have the effect of taking away any property that is the subject of the order. Importantly, the property subject to the civil recovery order may be followed into the hands of another person or into other property.
Additionally the authorities have the power to freeze a person’s assets with a property freezing order, and if they have a good arguable case then a recovery order will be made.
They can also apply for an interim receiving order whereby an interim receiver is appointed to secure and deal with a person’s assets.
The advantage of civil recovery powers is that there is no need on the part of the authorities to prove any criminal offence: only that the property in the person’s hands is, more likely than not, the result of unlawful conduct on the part of that person or another.
We can provide advice and assistance on all aspects of the proceedings including:
- Responding to and advising on the merits of the property freezing order
- Making an application to discharge or vary the order
- Assessing the merits of the claim
- Conducting the High Court proceedings
- Dealing with the receiver
