Course description
The concept of outstanding benefit figure is now a very hot topic within cold case POCA Units. Applications to reopen old POCA orders are becoming ever more common and advice given in the past as to the prospects of being reinvestigated is now obsolete.
This live and interactive session will explore when and how a reapplication can be made, and what the judge will do with it once it reaches court. Presented by the highly experienced barrister Andy Evans, it is aimed at those who wish to know how a reopening application under section 21, 22, or 23 operates.
Upcoming start dates
Outcome / Qualification etc.
Training Course Content
Introduction
POCA has been with us for 19 years. The concept of outstanding benefit figure is now a very hot topic within cold case POCA Units.
Applications to reopen old POCA orders are becoming ever more common. Advice given in the past as to the prospects of being reinvestigated is now obsolete. You need to know when and how a reapplication can be made, and what the judge will do with it once it reaches court.
The live broadcast session is aimed at those who wish to know how a reopening application under section 21, 22, or 23 operates.
What You Will Learn
This live and interactive session will cover the following:
- The structure of confiscation proceedings
- Historic approach to benefit figure, discussion of concept of outstanding benefit
- S21 applications by the Crown to re-visit benefit figure - when is this possible and why would it be used?
- S22 application by the Crown to re-visit available amount - when is this possible, what is the interrelationship with proportionality. What are the competing considerations for the court?
- S23 application by the Defence to re-visit available amount - how is this used, what are the hurdles to be crossed by the applicant?
Expenses
MBL Seminars Limited
With over 1,000 expert speakers covering more than 3,360 different topics, our course portfolio is vast and can be delivered either online or in-person. With over 450 years of collective professional development experience, we are proud to be trusted to...