Partner Amjid Jabbar analyses the confiscation regime and the proposals of the Law Commission of England and Wales to overhaul the current system.
Amjid’s comments on the confiscation regime were published in Law360, 10 November 2022, and can be read here.
Amjid commented that the outstanding confiscation debt is the consequence of “unrealistic” orders with “ridiculous” benefit figures.
“If they are going to be fair, more realistic and more pragmatic, you are going to have a lot less of a gap between what is outstanding and what is paid. If you make it realistic for people, then they will pay their orders. If you make it unrealistic, there is no incentive whatsoever.”
Amjid noted that the Law Commission did not address dealing with responses with clients who are in custody, and commented: “You can set whatever timetable you like, you can say you must respond by this date but if you don’t have access to take instructions it is irrelevant, because you are often talking about historic, complex financial matters. It is about access to the defendants and their lawyers and access to the internet. It will be unfair.”