Profile

Penelope Small regularly appears in both the High Court and Crown Courts across the country where she represents the interests of the Prosecution, Defendants and Third Parties in proceedings relating to the restraint or realisation of assets both before and after criminal convictions and during civil restraint and recovery proceedings.

Her practice also covers advising individuals, companies and solicitors’ firms who find themselves caught up in civil or criminal investigations and includes parties who have been served with statutory or court ordered requests for disclosure of information and or those who have become named in freezing and restraint orders.

Her cases frequently involve confiscation issues arising from criminal proceedings and complicated receivership issues. She has successfully defended clients facing multi-million confiscation orders. She has developed a particular expertise in relation to Mutual Legal Assistance and Letters of Request. Penelope represented the Prosecution in the first successful application in the North East under the provisions of section 15 of the Drug Trafficking Act 1994. She has also dealt with applications to stay the enforcement of outstanding confiscation orders on the grounds of delay or inactivity.

Penny is regularly instructed by prosecuting agencies including the SFO, FCA, CPS (PoCU) and BIS. She regularly represents wives and/or partners and business associates who seek to preserve from the court assets from former marriages/relationships from the statutory forfeiture regimes currently operating in this jurisdiction. She regularly lectures on proceeds of crime issues and is a contributing editor to Mitchell, Taylor & Talbot on Confiscation and the Proceeds of Crime.

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