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POCA Steps to obtaining a confiscation order in Planning Enforcement

Conviction of the defendant for a planning crime. Work on the preparation of the prosecutor's statement of information should begin long before conviction.

 

Prosecutor asks the Court to proceed under section 6 of POCA.

 

Prosecutor provides a statement of information in accordance with section 16 of POCA.

 

The Crown identifies within the statement of information whether the case is a particular or general criminal conduct matter - If it is a general criminal conduct matter or a lifestyle offence, the assumptions in section of 10 of POCA will apply. If it is a particular criminal conduct matter they will not.

 

The Court requires the defendant to respond to the statement of information within a specified time period pursuant to section 17 of POCA.

 

The prosecutor may serve a further statement of information at any time. The court may order the defendant to provide further specified information.

 

The court may postpone confiscation proceedings and sentence the defendant pursuant to section 14 of POCA - The maximum period of postponement is two years unless there are exceptional circumstances; and

 

The court may sentence the defendant if it is proceeding under section 6, prior to making the confiscation order - There is no requirement to complete the proceedings within a particular period or before sentence.

 

 

See CPS Guidance on POCA Preparation for Confiscation Hearings

 

 

 

 

Ivy Legal can manage the entire POCA process for your Council, at a fixed fee. For further information, please contact us.

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