Proceeds of Crime Act 2002

Under the provisions of this Act assets including land and property can be confiscated by the court if there is reason to indicate that such assets were purchased or funded by the proceeds of crime.

In anticipation of confiscation proceedings under Section 16 of the Act, a statement may be required to be submitted to the Court wherein a formal valuation of the land or property has to be included. The valuation, if challenged, will be reviewed by the Court, the Valuer will give oral evidence and be subject to cross examination by Counsel. We have produced a number of such reports utilising an Expert Witness format compliant with the Civil Procedure Rules Part 35, notwithstanding that such matters are under the jurisdiction of the Crown Court, the Statement of Truth and the Expert’s Duty to the Court is appropriate.

It is worth noting that the Crown Court has a higher standard of proof requirement (beyond reasonable doubt) than the County Court (on a balance of probability) and we take this into account when preparing the valuation report and giving evidence.

We have previously carried out valuations of houses, equestrian land, sites for mobile homes, some with occupancy restrictions and farms. In most cases this has involved giving oral evidence at the Crown Court. We are able to prepare such valuations for all types of residential property and most types of commercial property including licensed premises, restaurants, shops, offices, warehouses and partly completed developments.