Enforcing Confiscation Orders in the Magistrates Court

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Course Overview

Suitable for Magistrates Court advocates of all levels, this course aims to make you feel confident about representing clients facing imprisonment when allegedly in default of a confiscation order made under s6 POCA 2002.

Topics

The statutory framework for enforcement
Funding
What must be proved and by whom in order to activate a default sentence
What does the defendant need to show to avoid imprisonment today?
How can he prove he is doing his best?
Will the court be persuaded that “doing his best” is enough?
What happens to the debt once a default sentence is served?
How else can a confiscation order be enforced?
Is there any appeal against activation?

What are the requirements?

This course provides 0.5 – 1 CPD point (depending on length of time spent considering the discussion questions and completing the evaluation form)
Watch 0.5 hour recorded webinar

Learning Outcomes

On completion of this course you will: Understand the procedure of enforcement in court Know what is expected of you as the defence advocate Be clear in your submissions Know the court’s powers and duties Be able to prepare the client for the hearing Attend to post-hearing matters

What is the target audience?

Suitable for Magistrates Court advocates of all levels

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About Instructor - Olwen Davies

Admitted in 1990, Olwen is freelance solicitor-advocate with extensive experience in both defence and prosecution work from the magistrates' court to the Court of Appeal. Olwen has lectured at post- graduate level and has presented many CPD courses for the legal profession, the police, Health and Safety Executive and others. Olwen is the co-author of Jordan's Criminal Practitioners Guide to the Criminal Justice Act 2003 and is an avid supporter of Save UK Justice and the campaign to stop cuts to legal aid and the criminal justice system.