The myth about not wilfully defaulting on your Confiscation Order
Posted on 29 July 2013 by admin
There is a common misconception amongst the public and even some legal professionals surrounding the intricacies of satisfying a Confiscation Order.
It is believed by many that a Confiscation Order is treated in the same manner as a fine and as long as the Defendant is not ‘wilfully defaulting’ on his Order then the Magistrates’ Court is prohibited from activating the default sentence when the Defendant’s time to pay has expired. This notion is wholly inaccurate and although there is case law to suggest that the default sentence should only be considered once all other avenues have been exhausted (such as the appointment of an Enforcement Receiver) the Magistrates’ Court still have the jurisdiction to activate the default sentence once the matter is listed for an enforcement hearing.
Nevertheless, the Magistrates’ Court is generally amenable to listening to submissions on behalf of the Defendant in respect of any payment proposals put forward in an endeavour to satisfy his outstanding Confiscation Order.
Simon Connolly, Crime and Confiscation Solicitor