At Cohen Cramer, we will not abandon a client once the confiscation order is made as the service we offer includes helping our client’s right up to the time that the order is paid and this may require various applications to be made.
Following amendments to the relevant law in June 2015, our clients now have only 3 months to pay their orders. This can, on application to the Courts, be extended by a further three months and we successfully made many applications to extend the initial time period.
If, when assets are sold, there is a shortfall, it is possible to make an application to reduce the original order which is called a ‘Section 23’ application and we are often instructed in such cases. If the order is not reduced, then there is a possibility that the defendant may have to serve some extra time in prison, which is totally avoidable if this application is made.
It does not matter to us whether the order needs amending by £10 or £10,000. We will take on the case and to date none of our many Section 23 applications has failed.
As set out previously the difference between the benefit figure and available amount is a debt for life that should never be treated lightly as we are receiving more and more instructions from client’s against whom the Crown are trying to increase the available amount as that defendant has come into money by way of an increase in the value of the property or has been seen in a new car. This is called a Section 22 application and is a mechanism being used by the Crown on an ever increasing basis. We are experienced in contesting such applications by the Crown and are regularly instructed on these cases.
We will deal with confiscation cases anywhere in England and Wales.
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