‘Court hold-ups stop us seizing criminals’ profits’

 
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Britain's law enforcement agencies are being thwarted in their efforts to seize the profits of organised criminals because of legal obstacles and court delays, a new Home Office report warns.

The report says legislation preventing officials from selling criminals’ assets without their consent is one of the “key frustrations” encountered by those responsible for ensuring crime bosses pay confiscation orders imposed by courts.

Other problems include deliberate delaying tactics deployed by defendants in the run-up to their trials, which can string out cases for years and give more time for offenders to spend or hide their illicit gains.

The report also warns that the lack of legal powers to impose more than one “default sentence”, allowing criminals who repeatedly fail to pay to be sent back to prison, is further hindering officials’ efforts to recoup illegally-obtained wealth.

Legislation barring law enforcement staff from stipulating which of an offender’s illicit goods should be sold is cited as another problem which leaves them with “insufficient” means to seize proceeds of crime.

The report, based on testimony from financial investigators and others involved in tracking down criminals’ profits, says there is a widespread view among officials that there is “room for improvement” in the way confiscation orders are enforced. It adds: “There are aspects of the asset recovery regime, including the

enforcement of confiscation orders, that could benefit from further attention to enhance the effectiveness of financial investigation.”

On the issue of court hold-ups, the report quotes one Crown Prosecution Service official describing how criminals’ lawyers file defence statements late and use excuses such as missing paperwork, inadequate legal aid payments and difficulties in tracking down their clients, as justification for delaying proceedings.

Another financial investigator says defendants also change solicitors as a “ploy” to slow the justice system because judges invariably allow new lawyers many months to master the details of a case.

Other problems identified in the report include convicts marketing houses they are meant to be selling “at unrealistically high prices” and court delays caused by applications for “certificates of inadequacy” which can deem offenders to be too poor to pay.

The report also says that although default sentences are a “key tool” and effective in “motivating offenders to pay”, there are difficulties once this weapon has been used. There are only limited legal powers to require offenders to attend court for further proceedings to enforce payment.

Enforcement officials want legal changes to allow them to sell criminals’ property “on the offender’s behalf”.

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