Third Party Assets

The law protects the rights of third parties in a civil asset recovery action, as set out in the Proceeds of Crime Act 2002. Third parties to such proceedings are usually associated with the defendant with a beneficial interest in the property, either as business partners, family members, or a tenant.  

Assets may be restrained at the enforcement stage; the court cannot appoint a receiver unless it gives parties with an interest in the property a reasonable opportunity to make representations.  Third parties can be protected against the enforcement of confiscation orders, restraint orders and cash seizures however, they have no right to be heard on a criminal confiscation hearing. Third parties can have their claims determined by the court, but only where it appears to the court that the third party may hold an interest in the property. The court, where it decides it is appropriate, can then seek to determine the extent of the defendant's interest in the property when the confiscation order is made. The court must give third parties an opportunity to make representations in order to do this, and will do so by ordering the third party to disclose relevant information by a specified date.  If a third party fails to reply within the specified time limit, the court can make its own inferences as to the interest in the property.

Bright Line Law is a barrister law firm led by Jonathan Fisher QC, one of the UK's leading barristers in white collar crime cases, provides specialist advisory, advocacy, litigation, policy and strategic services. If you require specialist advice on POCA rules, contact Jonathan Fisher QC directly at jf@brightlinelaw.co.uk or another member of our team or telephone us on + 44 (0)203 709 9470.

Jonathan Fisher QC
Lead Counsel

Email jf@brightlinelaw.co.uk
Telephone + 020 3872 2852

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