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Repeal the Proceeds of Crime Act 2002

We petition to restore the presumption of innocence and the right to a fair trial before punishment and the repeal the Proceeds of Crime Act (POAC)
 

Sir Ivan Lawrence QC calls the POAC “a law more draconian and manifestly unjust than anything ever devised by a State in modern times”
He continues that this “legally complicated, draconian and unjust system” has come about “mainly because Parliament does not send enough time , or use enough care, in vetting the laws us before it by civil servants and politicians-goaded as they are by the tabloid press with little understanding of the consequences of what they do”

 

1) Search warrants under POAC.

Warrants under the Proceeds of Crime Act can be issued to ‘the Occupant’. Someone who is merely suspected of involvement in a crime, without any evidence or complaint and without anyone having been charged or convicted of a crime, and any person who lives in an adjacent named property in the same building can have all movable assets seized

The police already have enough power to search and seize property relating to a crime they do not need the wide ranging powers given by the search and seizure warrant under the Proceeds of Crime Act 2002

 

2) Restraint Orders

Freeze all non movable assets at the beginning of an investigation, before charge and on suspicion alone. By issuing a Restraint Order the suspect is punished before charge and before trial and prevented from paying for legal advice or assistance to overturn or vary the Restraint Order. If not charged or found innocent at trial the innocent victim is prevented from seeking compensation. This is a gross injustice.

 

3) Fair Trial

At trial the defendant, unless on State Benefits, is unable to obtain Legal Aid and because their assets are frozen is unable to pay for legal representation or expert witnesses. Justice for the defendant is impossible in these circumstances.
Whilst the Crown has virtually unlimited resources, is adversarial and stands to gain financially from a confiscation order if their prosecution succeeds

 

4) Confiscation Order

The prosecuting authority receives a cut of the proceeds seized from people convicted and subjected to confiscation orders and senior staff receives bonuses


Sir Ivan Lawrence, QC, says the “manifest injustices” in confiscation proceedings that were compounded by the setting of targets. “Once you start setting targets you are saying, ‘Never mind justice.’ Bodies like RCPO have to make a judgment on the cases they pursue — if they make that judgment on the basis that they will receive a lot of money, it calls into question whether justice is going to be done.

The Proceeds of Crime Act is not necessary as laws already exist for the confiscation or the proceeds of crime and these laws can be extended if necessary.

Why does this matter?

To restore Basic Human Rights to the British people and repeal a draconian and manifestly unjust law the Proceeds of Crime Act 2002. Which Sir Ivan Lawrence QC describes as this “legally complicated, draconian and unjust system”

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11 Responses to Repeal the Proceeds of Crime Act 2002

  1. David says:

    This is law is far too powerful and far to easy to break unintentionally. The wording says a person must know or suspect that the proceeds of crime makes it very hard to mount a defence against. Simply you cannot measure suspect.

  2. Mike says:

    This law isn’t just unjust, it’s evil, disproportionate and manifestly unfair.

    The principle is not wrong, but the method is broken and needs urgent reform.

  3. Sandy Steward says:

    This Act flies in the face of British Justice.
    You are assumed guilty and have to prove your innocence!! Definitely needs reforming to restore justice to our country. Totally unfair and just a way to recoup money into the Crown’s coffers !!! How can this be right??

  4. ursularuby says:

    This Law is more criminal than the criminals,but if the police are getting half and the top brass get bonus what can we expect day light robbery and it should be looked into.

  5. Mike says:

    Few laws are supplied, most we have when we are born by right. But they can easily be removed as with laws such as this…

    Trouble is once passed (and freedom taken away) they are near impossible to remove or get that freedom back. This is a warning that we should never let this sort of thing happen in the future in the first place. For the sake of all us and our children who will have the same battle…

    Good luck!!!

  6. phil says:

    i pleaded guilty to a offence of permitting premises for the cultivation of cannibis, i was sentanced for this and the prosecution accepted my plea, now there saying that they want the drugs amount as they say they dont beleve me for there poca case and say the drugs was mine, so now it goes in front of a judge, i was willing to go to trial on this matter but then the prosecution didnt fancy there chances, yes this law is totally wrong and i dont see how this is justice im going to lose everything for one mistake,this law does not effect real drug dealers they only deal in cash anyway its only about money

  7. dawn says:

    POCA is a most evil and unfair law. It allows the Police to steal all moveable valuables from suspects without ever giving an account of what they have stolen and before charge. Following conviction for even a minor offence it allows to British State to steal everything immovable such as the persons house.

    And the Police and the CPS and the prosecution get a personal cut

    It also allws the police and the government to use this evil law to persecute those they fear.

    It fails not comply with Basic Human Rights and for all these reasons should be repealed

  8. David says:

    Lets just say you earned a little extra cash it these tough times. And you used it to pay your mortgage. But you didn’t tell the tax man..? Oh dear the proceeds of crime act now enables you to lose your home. The lot. Everything and the police and the CPS get a share.

  9. carrie genini says:

    this law is outrageous, the cps are using it to bully people who may have commited a crime but they have not profited from a criminal lifestyle!! You can go to court be found guilty of something for personal use then the cps can turn around and say we are going to do a poca against you anyway!!! hypicritacal, unfair and unjust!! this needs to stop………

  10. Chris Foster says:

    I started a business in September 2012 selling Chain Modified Polypeptides online. I first asked two senior police officers to check the legality for me and they come back saying there could see no illegality in it.

    In the October I decided to stock 2 products on my site alongside my peptides. In the December I had 2 parcels stopped by UK Border Agency as they believed they were steroids and wrote to me stating that they would be destroyed but no further action taken. I decided then to stop selling them products as it wasnt worth the hassle of having my parcels from the USA stopped.

    I then went to my local police station voluntarily to speak to the drug squad and find out where I stand with these products. They could not give me an answer. They did not know what the products were, so I went back to my office and sent them a 6 page document showing the products I had been selling and the peptides that were seized. The police officer told me if there was a problem he would call me.

    3 weeks later they turned up at my house. A large riot style van and a second van full of police offices. They searched my house and found some cash from my computer shop in a briefcase £2290 and my closing balance on the shop the day before was £2550.

    They asked me where the products were that I used to list on my site and I told them they were in my shop office. They went to the shop and took the items along with all my peptides which basically shut my business down with immediate effect. I got these peptides back 10 months later without charge.

    While I was on bail me and my wife put our house up for sale, we have no mortgage. We were going to downsize and have some captial for ourselves. We purchased this house outright 3 1/2 years earlier from the sale of our previous house, which we had for 10 years. The police came to my house to re-bail me and seen the house up for sale. They then went to the courts and stated that I was importing HGH and Steroids into the country, which was incorrect and the judge ordered a restraint on all my assets, including house and 3 bank accounts. My peptide business could not function until I found another bank. I could no longer pay any household bills through direct debits as the account was frozen. I had excellent credit rating go to zero due to bailif threats etc as I didnt know who the direct debits were with and I was not allowed to open another bank account.

    I was charged 9 months after then went to court 5 times without even making a plea. In the end I pleaded guilty to 3 charges. One attempt import of class C drug (Clenbuterol) Poseesion of class C drug (Clenbuterol) with intent to supply and selling a prescription only drug (Tamoxifen & Taladafil) without prescription.

    I got 16 months prison sentence suspended for 1 year. 200 Hours community payback work, a small £100 fine and then of course the Proceeds of Crime. All in all i made around £600 and hadnt been in any trouble for about 20 years. during which I spent 6 years at University and achieved a 1st Class Honors degree in Business Informatics.

    I run a computer store that I have had for 14 years and it was a limited company. I took a small wage of £1000 per month as I spent as I went along and took the balance of what I owed in Dividends each year. I had an offset mortgage and used my business money in my personal account to offset the interest and that allowed me to pay the full capital off my house with each payment made. effectively paying no interest on my mortgage. I put money in and took money out when needed and I even paid for some of my business stock through my personal account when funds where low in the business. even though the business showed a large cash in hand sum.

    Now I have just been hit with a massive £366,000 POCA for that small £600 worth of crime. I called my solicitors and told them what I thought and I said I only done £600 worth of crime to which the judge even said that I had carried out checks and ran it transparently all in my own name and even kept accounts as it was a registered business. My solicitor said “come on Chris you cant expect anyone to believe that” I was gob smacked and said what chance do I have if my own solicitors dont believe me.

    They have listed every single credit in every account including paypal. The thing that worries me is that police officers and judges do not know how businesses are run and do not understand that we take from one pot to help another and vice verser.

    I have learned so much from this. I do not trust the legal system or the banks any longer. I did not know they were seizing my accounts and assets as this was done “without notice” as they say.

    I have got masses amount of work to do now to try sort this out before 3rd April. I have to have 2 sets of year end account done and all the explanations of all credits etc into my accounts. They even want information on items etc purchased after the case.

    I had to fund it all myself by taking money from my peptide business.

    I committed a crime and I should get some sort of punishment. But even several police officers have told me that I have been stitched right up and that if I never had any money or house they probably wouldn’t even of charged me. I see daily in our local papers, people walking out of the courts with class A drugs and selling and not even getting my sentence never mind the proceeds of crime.

    Absolutely Shocking !!!!

  11. Nick b says:

    I’ve been a pot head 20years been done twice for cultivation got a caution 1st time £250 2nd time got a mortgage had it 15years I pay £200 to bank a month I’m now on benefits looking after my disabled son. police raided me on a false tip off what was said ain’t anywhere near true no evidence not even close but found my grow I thought fine again. yes ok I’m in the wrong but no they changed the rule’s on how many plant’s is this an that, im still not sure but I had 28 plants got told crown court. Still didn’t think anything of the proceeds crime act and I’ve not sold shit i had 230 pound in the bank and 60 quid in my wallet I was asked how much my home was worth the interviewer’s eye’s lit up didn’t know then why but i do know why now the greedy pig’s want to sell mine and my boy’s home for their own greed. I only found out because my social worker put it on the assessment’s paperwork that Cheshire police want to take my property tho proceeds of crime act and therefore making me homeless my boy who I’ve had 8 year’s who is 10 into care. The same crime 5years before now £250 fine, really so a true punishment for what being a pot head, no the real truth is the property market made it favourable for them to screw me over this is truly a crime of justice I feel that it’s now pointless bettering myself after they do this 1000 pound in bank yeah they’ll take that to my future is now uncertain they do that I’m ruined. Smoking pot make me a bad parent no even social service’s say not ideal but no. If I knew then I would have had a choice but no public don’t know. I spoken to a few close friends they don’t know what the fuck I’m on about I think they think I’m nut’s. I spoken to my uncle and he said you shouldn’t have sold drug’s I’ve explained fully and got the reply, well you’ve done summet police and court don’t just take your home without proof they just wouldn’t you’ve taken some sort of proceeds of crime. Great ay I could have knocked him out. So it hasn’t happened yet but I read a few things and even tho I’m dyslexic I understand I’m to be cast out jail no home no parenthood and a reputation and may go back to jail or not get out if their is a shortfall in the proceeds they pluck out of the air. legal rights poof may aswell put my hand’s up and be shot.

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