Proceeds of Crime Act Can Hurt the Innocent
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The Proceeds of Crime Act of 2003 was passed to ensure that criminal activity could not be profitable while ensuring that high crime areas received the needed funds to help establish a lower crime rate. There is basically no limit to the liquidation of personal assets of criminals, and the funds are then distributed back through the communities that are in the greatest need.Cash assets are frozen and confiscated while any property believed to be purchased or gained through illegal activity will also become the property of the UK. This can include houses, boats, jewelry, clothing, or any personal possession that was most likely ill gotten.About 17 million is distributed into funds that pay for programs designed to help the law abiding citizens of the UK, and anything over that goes into the UK Treasury.This idea can easily be a big hit. Since profiting from crime is something that can increase criminal activity, taking away the funds that were gained acts as a natural deterrent. Moreover, the effected neighbourhoods are more likely to develop programs that help prevent crime when they are properly funded. The one serious issue with this whole idea is that innocent people can and have been thought to be committing illegal acts. There is no need for trial or proof of crime, just a simple order from a judge.Waiting for a trial without the ability to financially sustain yourself or your family can be more than just devastating. There is no way to pay for court costs, representation, or even day to day living expenses on your own. The lack of guilt or innocence does not matter.In the effort to save time and money, many criminal cases are resolved outside of a courtroom. If they are, the opportunity to seize any assets is decreased. Taking a criminal’s assets will make it harder for them to continue with their illegal activities, finance their attorney fees and court costs and it will just create a hardship for them overall. The issue then becomes that it also restricts an innocent individual to prove their innocence. This rock and hard place is not a spot that is enviable, but is preventable.While there have been few reported cases of innocent individuals falling under the confines of the Proceeds of Crime Act, one has to ask themselves if there is a better way to protect the innocent under such circumstances. Mistakes are made and there is no way to guarantee that more mistakes won’t occur. In the end, the funding in the neighbourhoods of high crime is making a huge positive impact on these areas.











