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12.185Associated civil work is civil work arising out of criminal proceedings, for example judicial review or habeas corpus, or civil work under the Proceeds of Crime Act (POCA) 2002. Although you are permitted to do this work if you have a Standard Crime Contract, even if you don’t have a Civil Contract, it is fundamentally civil work and the usual civil rules apply.
1Standard Crime Contract 2017 Specification paras 13.3 and 13.19. See chapters 3 and 5 for more details of civil funding.
12.186Criminal offences under POCA 2002 are dealt with in the same way as all other criminal offences. Confiscation as part of criminal proceedings forms part of the criminal case, so where confiscation is sought against a defendant you can deal with that under the representation order.
12.187Where confiscation is sought as part of criminal proceedings but which affects a third party (for example, someone who jointly owns property with a defendant), that party can apply for civil legal aid to be represented in the confiscation, notwithstanding that it is part of criminal proceedings in the Crown Court.
12.188The availability of legal aid is now defined by LASPO Sch 1 para 40.