Barristers learn how to make sure crime really doesn’t pay!
Barristers from across the North West have been gaining an insight into the Proceeds of Crime Act through a series of unique seminars.
Detective Chief Inspector Mike Kellett, Head of the North West Regional Asset Recovery Team (RART) explains, “The idea for the seminars came from a discussion I had with a CPS Lawyer in Preston. We were talking about the generally poor level of knowledge displayed by some counsel in proceeds of crime cases and the problems that this caused for us.”
“The prosecutor mentioned that she would like to bring two or three barristers she briefed regularly to the RART to meet some of the financial investigators and find out more about what they do and it just grew from there.”
An opportunity to attend the seminars was issued to all chambers in North West England and North Wales and the take-up was overwhelming.
At the seminars attendees had the opportunity to hear presentations by a RART Financial Investigator, the NWRART CPS Prosecutor, as well as by DCI Kellett. In addition a panel made up of Assets Recovery Agency staff and experienced police and Customs financial investigators from the RART held a question and answer session. Among the topics covered were:
How and when the confiscation process is triggered
The effect of a confiscation order
The meaning and effect of a ‘criminal lifestyle’
The nature and format of the evidence required for restraint, confiscation and receivership proceedings
Money laundering
that those working at every stage of the justice process are aware of the potential of the Proceeds of Crime Act is vital, as DCI Kellett explains: “The Act is about harm reduction, making sure that crime does not pay, improving the Criminal Justice System and improving confidence in the Criminal Justice System.”
“Asset recovery and money laundering investigations are central to the administration of Justice in this country and unfortunately the lack of knowledge that many barristers have is mirrored by elements of the Criminal Justice System, from law enforcement officers, through to the CPS, defence lawyers, the courts and judges. Too many people regard asset recovery as an often-inconvenient add-on to what they regard as the ‘real’ purpose of the system, which they see as investigating, prosecuting and sentencing for the crime.’
More than fifty barristers attended the three seminars held during September and October. Demand was so great and the feedback received from several attendees who wrote to the RART to express their appreciation was so positive, that consideration is being given to holding a fourth.