The Importance of Providing a Clear and Concise s.18 Statement of Information
In the context of confiscation proceedings under the Proceeds of Crime Act 2002 (POCA), a clear and concise section 18 Statement of Information is an essential tool in ensuring a smooth and fair process. Whether a Defendant is facing the threat of a confiscation order or has already entered such proceedings, their ability to provide accurate and timely information regarding their assets is crucial. This statement, often a key document in the POCA process, plays a significant role not only in the defendant’s legal strategy but also in shaping the outcome of the proceedings. Failure to provide a thorough section 18 statement, or submitting one that is incomplete or vague, can result in significant repercussions, including adverse inferences, inflated benefit figures, and even accusations of asset concealment. Therefore, it is vital to approach the preparation of the section18 Statement with diligence, clarity, and transparency
Where confiscation proceedings are being considered or have been instigated, the Court may order a defendant to provide information regarding any assets they own or have an interest in, whether located within or outside this jurisdiction.
A proactive approach must be adopted to the preparation of the section 18 statement, minimising any delay and leaving the defendant with as much time as possible to provide the required information and supporting documented evidence with respect to any held assets.
The Following Points Should Be Taken into Consideration:
1. To ensure that the POCA proceedings timetable set by the Court is complied with by serving a clear and concise section18 Statement of Information on time prior to or on the date set by the Court. Failure to do so can result in adverse inferences being drawn by the prosecution.
2. Serving a section 18 Statement can assist in potentially minimising the risk of the prosecution relying on the assumptions or minimising the extent of the prosecution’s reliance upon the assumptions. Failure to provide the required section 18 Statement of Information could result in the prosecution proceedings to apply the assumptions under Section 10 of POCA. Thus increasing the initial benefit figure derived from Particular Criminal Conduct.
3. The service of a clear and concise section 18 Statement can assist in the smooth running of the POCA proceedings due to the prosecution having been furnished with the required information and evidence relevant to any assets owned by the defendant. Therefore, this minimises the risk of any disputes over the ownership of assets and ensures that any future confiscation order is based on actual available assets owned by the Defendant rather than inflated estimates by the prosecution.
4. Avoiding allegations of concealment of assets. A vague or incomplete s.18 statement of information may be interpreted as an attempt to conceal assets, which could lead to an increased order or even encourage the prosecution to assert hidden assets.
5. A properly prepared, clear and concise section 18 Statement of Information ensures efficiency in the POCA proceedings and helps streamline the confiscation process, reducing unnecessary disputes and delays.
Concluding comments
In summary, the importance of providing a well-prepared and detailed section 18 Statement of Information cannot be overstated in the context of POCA confiscation proceedings. It serves as a key mechanism to ensure compliance with court deadlines, mitigate the risk of prosecution assumptions, and demonstrate transparency. A proactive, clear, and accurate statement not only assists in avoiding complications such as asset concealment allegations or disputes over ownership but also supports a more efficient confiscation process. A POCA Solicitor will guide you through the process of preparing this statement, ensuring your best interests are protected and that a Confiscation Order is based on accurate and justifiable evidence.
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