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Financial & Business Crime | England & Wales

Criminal lifestyle and statutory assumptions

A practical guide to the criminal lifestyle gateway, statutory assumptions and organising evidence about historic transactions.

KEY ANSWER

The position in brief

“Criminal lifestyle” is a statutory POCA classification, not a general description of someone’s character. If the relevant gateway is satisfied and the court determines criminal lifestyle, assumptions can extend the benefit enquiry beyond the offence receipts. The response should address both the gateway and each disputed assumption.

Legal issues

Section 75 sets out the qualifying routes, including specified offences and defined patterns or periods of offending. Do not apply a single financial threshold to every route. Section 10 addresses transfers, property held after conviction, expenditure and valuation free of other interests. Its six-year look-back has a defined starting point and exceptions; it is not simply six years before the confiscation hearing.

This guide concerns England and Wales.

For the wider service, see Proceeds of Crime (POCA). Related decisions are covered in Benefit and available amount in confiscation and Responding to section 16 and section 17 statements.

Evidence that matters

Create a transaction chronology covering the period actually alleged. Useful records include employment income, tax returns, sale completion statements, inheritance papers, loan agreements and evidence from the person who sent the money. Preserve original records and identify gaps explicitly. A cash deposit labelled “family money” needs more explanation than the label itself.

Reasonable lines of enquiry

For each entry, ask: which assumption is relied on, what amount is claimed, what is the lawful explanation and what independently supports it? If an old record is unavailable, document requests made to retrieve it and consider other reliable evidence. Avoid repeating an unsupported explanation across a whole group of unrelated transactions.

What happens next

The court must not apply an assumption to particular property or expenditure where it is shown to be incorrect or where applying it would create a serious risk of injustice. The current wording requires consideration of the circumstances, including evidence of injustice and explanations for being unable to produce rebuttal evidence. That is a reason to explain genuine evidential gaps carefully, not to assume every missing record defeats the prosecution.

Immediate steps

Check the alleged gateway against the convictions and dates. Ask for a schedule linking each sum to an assumption. Prioritise records at risk of becoming unavailable. Do not invent replacement documents or backdate loan agreements.

What should you send us?

Send the prosecution statement, conviction history relied on, transaction schedule, relevant tax and banking records, and a list of records you have tried unsuccessfully to obtain.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can organise a transaction-by-transaction rebuttal, identify whether the gateway itself is disputed and prepare focused submissions on incorrect assumptions or serious injustice. The strongest response may accept a verified item while contesting another on a different evidential basis.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Does criminal lifestyle mean every asset is criminal?

No. The statutory assumptions and their exceptions must be applied to the relevant property and expenditure. The legal classification does not make evidence about lawful sources irrelevant.

Can a family loan rebut an assumption?

Potentially, but its reality and source need evidence. Contemporaneous transfers, correspondence and the lender’s records may matter.

What if my bank no longer has the records?

Keep written confirmation and evidence of your attempts to obtain them. Other reliable records may assist, and the explanation for the gap should be addressed expressly.

NEXT STEP

Assess POCA assumptions

Tell us the next deadline and the documents you have received. Call 0843 636 7687 or email [email protected] to discuss the appropriate next step.

Assess POCA assumptions