You are here

Are POCA restraint orders a significant change?

Tim Bowden considers how recent amendments to the Proceeds of Crime Act 2002 will affect defendants subject to restraint orders

14 July 2015

On 1 June 2015 the Restraint Orders (Legal Aid Exception and Relevant Legal Aid Payments) Regulations 2015 came into force, which, together with amendments made to section 41 of the Proceeds of Crime Act 2002 (POCA), now permit the assets of a defendant, subject to a restraint order, to be used to meet defence costs.

While that proposition may make the ears of defence lawyers prick up, it is not a change that is going to permit the use of any assets to directly meet defence costs. The beneficiary will be the legal aid fund, and the change will affect few cases. The change has more to do with correcting an anomaly in liability to make legal aid contributions than with making any significant contribution to recouping legal aid expenditure.

Since the coming into force of POCA, it has been impermissible to use restrained funds to finance defence costs in the proceedings or in respect of

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.