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No other area of the criminal law has developed so rapidly and in such a complex way in the last 20 years.

Members of chambers understand that the confiscation proceedings, which necessarily follow conviction for any financial wrongdoing, are now as important to the prosecutor and the defendant as the substantive trial proceedings, and that early expert advice on the same must be provided.

Chambers excellent reputation for serious crime, drugs, terrorism, fraud, corruption and bribery extends to the ability of the Confiscation Team to conduct confiscation proceedings with considerable skill, expertise and sensitivity.

Substantive amendments to the Proceeds of Crime Act 2002 come into force on 1 June 2015 through the Serious Crime Act 2015. These amendments are primarily designed to make enforcement of confiscation orders more timely and effective, including:

  • A reduction in the time available to satisfy a confiscation order before interest accrues and enforcement action can be taken
  • An increase in the default term of imprisonment imposed for non payment of confiscation orders to 14 years for orders over £10 million
  • A discretion for a Judge to make determinative findings of third party interests at the confiscation hearing where that party has been provided with a reasonable opportunity to make representations
  • A discretion to make any order the Judge believes is appropriate for ensuring that a confiscation order is effective, including an order restricting or prohibiting travel outside the UK.

The Confiscation Team at Furnival Chambers’ have acted in numerous high value and complex confiscation proceedings and is able to offer a comprehensive range of services in this field, including:

For the prosecution:

  • Advice on and drafting of prosecution statements for Crown Court or High Court confiscation proceedings
  • Representation at confiscation hearings
  • Advice on and drafting of prosecution applications for increase of confiscation orders
  • Advice on enforcement strategy

For the defendant:

  • Advice on and drafting of defence statements for Crown Court or High Court confiscation proceedings
  • Representation at confiscation hearings
  • Advice on and drafting of defence applications to extend time to pay a confiscation order
  • Advice on and drafting of defence applications for certificates of inadequacy (High Court) and reduction of confiscation orders (Crown Court)
  • Advice and representation on Magistrates’ Court enforcement proceedings

For any company or individual affected by a confiscation order:

  • Advice on and drafting of applications by “interested person” to join confiscation proceedings pursuant to the new section 10A POCA 2002 (in force 1 June 2015)
  • Representation of “interest persons” at any hearings

Where expert advice is required on any matters related to Asset Forfeiture (restraint, receivership, civil recovery, property freezing injunctions and cash seizure) please see chambers’ specialist team.

Legal 500, 2024

‘Charlie Sherrard KC is a sought-after advocate who has a jury-friendly manner. He is able to bring to life the sometimes drier aspects of a fraud trial.’