Criminal Department

 We have an expert team who are experienced in all matters relating to the Proceeds of Crime Act (POCA). 

Our team appreciate that coming into conflict with the criminal justice system is a distressing time. Getting expert, professional advice is essential in order to minimise the impact on you and your family. It is because of this that you will receive friendly and professional advice at all times.

It is vital that you contact us as soon as possible to discuss your circumstances.

Free Initial Telephone Options Appointment 

We provide a free initial telephone options appointment to see how we can assist in your circumstances. Please call 0330 333 2613 for a no obligation, initial discussion or email enquiries@elliotmather.co.uk and we will call you back.

What is the Proceeds of Crime Act? 

If you have been convicted of a crime where the prosecution state that you profited financially, it is possible that you may face Confiscation Proceedings under the Proceeds of Crime Act 2002.

These proceedings are designed in order for the prosecution to retrieve any funds that you may have made from any assets you may have now. Proceeds of Crime can arise in any sort of acquisitive offence such as: theft, fraud, counterfeiting goods and drug dealing.

How do the prosecution determine Proceeds of Crime? 

In many cases, the prosecution will simply put a figure on the amount they believe you have received. This is called the benefit. The prosecution will then seek an Order from the Court requiring you to pay the lesser of either the benefit or the Available Amount. The Available Amount is the value of all your cash and assets. For many people, this will probably include the family home.

In the event that you do not pay the money, you will be sent to prison. The money is still payable upon release. It is vital that if you seek independent legal advice if you are facing Confiscation Proceedings under the Proceeds of Crime Act.

How we can help

At Elliot Mather, our dedicated defence team offer friendly and professional advice. We understand that going through the criminal procedure is distressing for all concerned. It is often the case that the prosecution’s figures in Confiscation Proceedings are incorrect. It may be that we can negotiate with the prosecution a figure which is less than it would otherwise be.

Our team are experienced in representing clients who have been alleged to have committed a broad range of crimes. It is vital that you contact us as soon as possible to discuss your circumstances.

Funding

You may be entitled to free initial legal advice and representation under Legal Aid. Speak to us today to find out more.

We can also act on a private paying basis.

Location 

Our Solicitors are able to provide expert advice across the country with a network of offices based in: Chesterfield, Nottingham, Mansfield and Derby.

How to get in contact 

Our team are on hand to help you and can assist wherever you are based. Please call us on 0330 333 2613 for a no-obligation, initial discussion or email enquiries@elliotmather.co.uk and we will call or email you back.

How to make contact out of hours 

We operate a call out system, meaning that representation from our expert criminal law team can be requested at any time of the day or night.  The police will contact a call centre who will then telephone us immediately.

If you require assistance from one of our criminal defence solicitors when out of our normal office hours, it is vital that you call us on:

• Chesterfield: 07717802850
• Derby: 07776240152
• Mansfield: 07741592301
• Nottinghamshire: 07741592301