Preparing affidavits in support of exclusion applications – defining the issues


Introduction An applicant for exclusion orders under the Proceeds of Crime Act 2002 (POCA) bears the onus of demonstrating that their interest in property is neither “proceeds” of any offence nor an “instrument” of a serious offence.    That onus must be discharged in the absence of pleadings and where, commonly, the allegations of unlawful … Continue reading Preparing affidavits in support of exclusion applications – defining the issues