Defendant’s home saved from POCA s22 confiscation uplift claim

Jonathan Lennon was instructed by Amrik Bilkhu of Rahman Ravelli Solicitors in June 2021.  JK had been convicted of drugs offences in 2014 and sent to prison.  In 2015 the Birmingham Crown Court imposed confiscation order upon him but this did not include the value of his home as that was said to have been in negative equity at that time.  JK substantially paid off his confiscation order and was released from prison in 2017 where he started a new life, free from crime and contributing as a working father with a child at university.  The CPS became aware that his home had now increased in value and commenced a s22 application to increase the confiscation order so as to include the value of his home 6 years after his original confiscation hearing.  Jonathan,  argued that this was disproportionate, an additional punishment and that policy considerations should apply; the order ought not to be made just because JK had lived long enough for the housing market to rise.  The Judge agreed and JK retained his home.