If you were able to listen in to a conference between client and solicitor, you might hear an exchange a little like this one:
‘What am I looking at?’
‘Around 12-15 months, suspended if you are very lucky.’
‘Oh, I can live with that!’
‘But there is something else?’
‘You are going to lose your money, your house and your car.’
What is confiscation?
At its most simple it is the process by which those convicted of a crime are deprived of their benefit from that crime.
So, for example, Jill steals £10,000 from her employer and spends it on a luxury holiday.
Her proceeds from that crime (referred to as the ‘benefit’) is £10,000, so she can expect a confiscation order to be made in that sum.
That sounds fair
Well, it does sound ok on the face of it, but it is a little more complicated than that. The £10,000 from the confiscation order will not go to the employer; it will go to the state.
But the court may also make a compensation order in the sum of £10,000 to repay the employer for their loss.
So, Jill will have to pay £20,000?
It can get a whole lot worse!