POCA’s furry feline friends
Early planning and a defence strategy are vital ingredients when preparing for confiscation proceedings says Shahreen Khatana
There are two quotes by Benjamin Franklin that may change your life if you think them through and act upon them. Who the hell’s Benjamin Franklin I hear the peasants amongst us say! He was of course a great American statesman, politician, philosopher, inventor and just generally an all round clever sort of chap. Firstly, “A little neglect may breed great mischief…for want of a nail, the shoe was lost; for want of a shoe the horse was lost; for want of a horse the battle was lost; for want of a battle the war was lost!” Secondly, “Does thou love life? Then do not squander time, for that is the stuff life is made of”.
Now that’s a bit deep isn’t it? Well turn off Jeremy Kyle, put down the roll-up and think it through! That philosophy has some serious implications on confiscations and prison life generally. The whole concept of prison seems to be to just waste your life away, but that can only happen if you let them. If you spend your time on constructive activities such as the early planning and preparation for your confiscation proceedings, or even just generally increasing your knowledge in a constructive way then that’s a start. Of course the prison service in their infinite wisdom will already have you spending time in ‘constructive activities’ such as sewing boxer shorts or peeling potatoes!
To have a chance of success in confiscation proceedings, the single most important factor is to think about it early and plan your defence strategy way in advance. Sit down without Jeremy Kyle, do your homework and provide your defence team with ammunition. Importantly, ensure they understand what to do with that ammunition and not to end up shooting you in the foot with that rocket launcher you’ve just given them. The essence is in the detail and especially since it’s the defence that has to provide the evidence in your favour. Be assertive and proactive with your legal advisors; remember you give them instructions and not the other way round. They are there to advise and not just to force you into a corner just because that’s the easiest option for them, so let them advise and you make the decision.
The legal system seems to be geared up to telling you what the problems are and how black it’s all looking; and to eventually accept a deal rather than putting up a fight. Of course it’s important to appreciate the difficulties and look at the problems but then also to create some solutions. That’s the bit most lawyers seem to shy away from all too often. Yes, wonderful you’ve told us about the problems (as if you didn’t already know) but now go away and earn your £200 an hour and come up with some solutions! Of course, it’s quite possible they may have missed that particular lecture at law school.
One of the problems here is the fact that legal aid budgets have been severely cut and that’s all down to the politicians. Hence, the poor old lawyer is only getting maybe £50 an hour on legal aid as opposed to the £200+ from his private clients, and I’m sure you’re wise enough to realise you only get what you pay for! For £50 an hour they can usually only afford to send you the office cat. It’s a shame of course that it’s your life on the line here and also that of your whole family for many years to come, and the office cat may not really understand the implications of all that. Those are the rules, so there’s no point in sitting and complaining, you have to play and win with those rules.
Many a time there’s a clash of pheromones and defendants fall out with the office cat. In these situations they want to smell around the safari park to see which other cats are available and maybe find one with bigger and sharper canines and that’s a bit more ferocious. Although it is quite often possible to change your furry feline friend and apply for a transfer of legal aid to your newly found panther and hope that he or she will rip out important bits from the prosecution for breakfast. The problem is there’s no 100% guarantee that legal aid will be transferred - even though often it is transferred depending on the specific circumstances and reasons for transfer. If you decide you prefer the smell of another panther then don’t leave it too late. The sooner in the proceedings the better, and the more chance you will have to transfer. Of course it also depends upon the reasons you give and whether or not the office cat is going to be really awkward and try to keep your case. Basically, if you’re not happy make sure you have a good reason to want to transfer, then get on with it and do it sooner rather than later.
I have many a poor soul asking for help in their confiscation proceedings but they’ve just left it so very late in the day. Although it’s never too late and there is usually something that can be done no matter how late in the day. It’s always better to prevent the fire happening rather than trying to put it out when there’s a full blaze. The advice would be to start thinking of the POCA as soon as you get arrested. Of course if at that early stage you’re suffering a severe case of ‘head up backside’ syndrome, then as soon as you attach it back upon your shoulders start thinking POCA and the damage that’s going to be inflicted upon you. Their aim will be to try and totally wipe you out if you give them half a chance. All the time your head has been in the darkest recesses of your body, they will have been busy sharpening their knives. In fact they will be firmly grabbing and trying to cut off any of your most intimate bodily appendages they can get their hands on, if you let them. If you need an anatomical description or a map then just look it up whilst reading Nuts or ask your pad mate for assistance. For advice on POCA please contact us at POCA Consulting.
* Shahreen Khatana is a Director and the ‘pink panther‘ of POCA Consulting Ltd
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Issue : September 2010
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