Section 22 Proceedings

We have had a rich history of success in challenging section 22 applications made by the Prosecution to try and increase a Defendant’s available amount.

F was originally subject to a Confiscation Order in May 2013 (we did not represent the Defendant when his Order was first made).

The Defendant’s available assets were valued at £108,000.00. The Defendant’s original available amount was made up of equity held in two properties along with the balance of monies held in numerous bank accounts.

At the time of the original Confiscation Order, the defendant also held the legal and equitable interest in two other properties. However, at the time of the original order the properties were deemed to be in negative equity.

The amount of £108,000 was paid in full without the need to sell the properties, the monies contained within various bank accounts having been paid towards the order and the remaining amount being paid with monies borrowed from friends in the form of unsecured loans.

The Crown later instigated proceedings after the properties were deemed to have increased in equity.

Upon receiving instructions from the Defendant, we considered whether it was ‘just’ for the Court to impose an increase in the Defendant’s available amount. 

The proceedings concluded by consent with the Defendant agreeing to the increase in his available amount of £196,338.10 but only when we were able to demonstrate that the Crown had miscalculated his benefit figure when his Order was first made which was not picked up by the Defendant’s two previous legal representatives.

It was therefore agreed that the Crown would not pursue a benefit figure of more than £304,338.10 having recalculated the benefit figure in light of the case of R v Waya [2021] UKSC 51.

Section 23 Proceedings

We have extensive experience in assisting clients with making such an application in order to decrease their available amount if an asset subject to their confiscation order has sold at an undervalue.