Michael advises and appears for prosecuting authorities, defendants and interested parties at all stages of restraint and confiscation cases. He has extensive experience in the enforcement of confiscation orders and is presently instructed in relation to the enforcement of several multi-million pound orders.
Recent instructions have included:
- Pre- and post-charge restraint order applications;
- Management receivership applications;
- Confiscation hearings;
- Registration of overseas orders;
- Enforcement receivership applications;
- Contempt of court applications;
- Certificate of inadequacy and s.23 POCA variation applications;
- Certificate of increase and s.22 POCA variation applications;
- Enforcement Hearings (including those involving a potential breach of Article 6 ECHR on grounds of delay);
- Appeals against confiscation orders;
- Judicial review applications.
In addition, Michael has experience of appearing in the Chancery Division of the High Court, in the Family Court and in the County Court in civil and family proceedings overlapping with ongoing restraint and confiscation applications.
He has also been instructed in cases where registration of overseas orders has been sought in this jurisdiction, and cases where certification of domestic restraint and confiscation orders has been sought to permit their enforcement in the EU.
Michael regularly acts in proceedings pursuant to the Proceeds of Crime Act 2002 for the detention and forfeiture of seized cash, both at first instance in the Magistrates’ Court and, on appeal, to the Crown Court. He is often instructed in cases involving large amounts of cash or those which have significant complexity.
He also has experience of account freezing and forfeiture orders, including applications for the freezing of multi-million pound account balances.
Following a period on secondment to the, then, Serious Organised Crime Agency, Michael is also familiar with proceedings for the civil recovery of the proceeds of crime pursuant to Part 5 of POCA.