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POCA used to target drug dealers earnings 29/02/2012 At the High Court in Edinburgh Confiscation Orders were granted recently against two convicted drug dealers from Dunfermline and Glasgow.

POCA used to target drug dealers earnings

At the High Court in Edinburgh Confiscation Orders were granted recently against two convicted drug dealers from Dunfermline and Glasgow.

In the cases against Terry Reynolds and William Aird, Confiscation Orders were made for a total of £41,658 including a nominal order of £10 against Aird.

On 5th December 2011 Reynolds, from Dunfermline, was sentenced to a total of seven years and four months imprisonment for being concerned in the supply of cocaine and cannabis and on 18th January 2012, Aird, from Glasgow, having pled guilty to a number of drug offences, was sentenced to five years imprisonment.

Mr Aird’s current financial circumstances are such that he has no assets available and so the court made a confiscation order for the "nominal" amount. The purpose of a nominal order is to preserve the Crown's position so that if the accused obtains any assets in the future the Crown can ask the court to recalculate the confiscation order based on the value of any assets obtained by the accused, up to the amount of the benefit of the crime. This can be done at any time following the making of the nominal order.

“The versatility of Proceeds of Crime legislation allows us to target unlawfully obtained assets and as in the case of Aird, for confiscation orders to be made for nominal sums where an individual has no available assets to pay an order,” said Lindsey Miller, Head of the Serious and Organised Crime Division. "The nominal order preserves the Crown's position, meaning that if Mr Aird obtains any cash or assets in the future the Crown can ask the court to recalculate the confiscation order up to the amount he was said to have benefited from his criminal activity.”

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