Management and Enforcement Receivers
Defendants facing confiscation proceedings following conviction may find themselves subject to a prosecution application under Section 48 of POCA to appoint a Management Receiver in respect of realisable property to which a POCA Restraint Order applies.
Appointment of a Receiver can have huge financial implications. The Management Receivers costs are paid from managed assets, even in circumstances where the defendant is ultimately acquitted. Olliers acted in the case of Capewell  1 All ER900 which led to the Capewell Guidelines which relate directly to the effective control and remuneration of Receivers.
Defendants facing enforcement of Confiscation Orders and default sentences may also face an application to appoint an Enforcement Receiver to realise assets on their behalf.
Conversely there may be occasions where a defendant should be seeking the Crown to appoint an Enforcement Receiver, in order to avoid imposition of their default sentence, particularly if they are unable to sell property or are being hampered by third parties whilst serving a custodial sentence.
As with all aspects of Confiscation law this area is complex and Defendants should seek expert advice. Olliers have extensive experience of representing defendants subject to Management and Enforcement Receivers.