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Regina v Luton Justices ex parte Abecasis: Admn 29 Jun 1999

Citations: [1999] EWHC Admin 613 Links: Bailii Statutes: Drug Trafficking Act 1994 42(1), Magistrates Courts (Detention and Forfeiture of Drug Trafficking Cash) Rules 1991 (1991 No 1923) Jurisdiction: England and Wales Cited by: Appeal from – Regina v Luton Justices ex parte Abecasis CA 30-Mar-2000 Although the rules specified that a form should be used … Continue reading Regina v Luton Justices ex parte Abecasis: Admn 29 Jun 1999

Regina v Morgan: CACD 5 Apr 1994

No guideline for laundering of proceeds of drugs – too wide variation. Citations: Times 05-Apr-1994 Statutes: Drug Trafficking Offences Act 1986 24(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 26 October 2022; Ref: scu.87381

Ali, Re Drug Trafficking Act 1994: CA 4 Oct 2002

Renewed application for permission to appeal a decision refusing the applicant’s application for a certificate of inadequacy under section 17 of the Drug Trafficking Act 1994. Citations: [2002] EWCA Civ 1450 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 01 July 2022; Ref: scu.217629

Briggs-Price, Regina v: HL 29 Apr 2009

The applicant appealed against a confiscation order made on the basis of evidence obtained for and given in a trial that he had profited from the importation of cannabis. He had not faced trial on an associated charge, but had been convicted of conspiracy on the importation of heroin. Held: The court need not rely … Continue reading Briggs-Price, Regina v: HL 29 Apr 2009

Commissioners of Customs and Excise v A: A v A: CA 22 Jul 2002

The Customs appealed an order allowing a judge in divorce ancillary relief proceedings to make an order transferring the matrimonial home and two life policies in such a way as would defeat their attempt to enforce recovery under the 1994 Act. Held: The customs had not established that the 1994 had any statutory priority. Both … Continue reading Commissioners of Customs and Excise v A: A v A: CA 22 Jul 2002

Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001

(From High Court of Justiciary (Scotland)) The defendant had been convicted of drug trafficking. He complained that the following confiscation order had infringed his human rights being based an assumption of guilt and which was incompatible with his article 6 rights. The first question was whether he remained a person ‘charged with a criminal offence’. … Continue reading Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001

Gibson, Regina (on The Application of) v Secretary of State for Justice: SC 24 Jan 2018

The appellant had been sentenced to 5 years imprisonment and a confiscation order pounds 5.4m with six years in default. Small payments were made later by his receivers, but the interest had taken the total sums due over pounds 8m at the time of payments. The Court was asked say whether when calculating the credit … Continue reading Gibson, Regina (on The Application of) v Secretary of State for Justice: SC 24 Jan 2018

H M Customs and Excise and Another v MCA and Another: 18 Apr 2002

The court held that they were not precluded by an application made under the 1994 Act against assets of the husband from making an order in favour of the wife under the 1973 Act. The court discharged the Receiver appointed under section 29(2) DTA 1994 and dismissed an application by HM Customs and Excise for … Continue reading H M Customs and Excise and Another v MCA and Another: 18 Apr 2002

Regina v Luton Justices ex parte Abecasis: CA 30 Mar 2000

Although the rules specified that a form should be used when making application to extend the time for which money could be held pending an application under the Act for its forfeiture, there was no enforceable duty to prove that the form had been used, and its absence was not a fatal flaw in the … Continue reading Regina v Luton Justices ex parte Abecasis: CA 30 Mar 2000

Revenue and Customs Prosecutions Office v Briggs-Price and Another: CA 14 Jun 2007

Citations: [2007] EWCA Civ 568 Links: Bailii Statutes: Drug Trafficking Act 1994 Jurisdiction: England and Wales Cited by: Appeal From – Briggs-Price, Regina v HL 29-Apr-2009 The applicant appealed against a confiscation order made on the basis of evidence obtained for and given in a trial that he had profited from the importation of cannabis. … Continue reading Revenue and Customs Prosecutions Office v Briggs-Price and Another: CA 14 Jun 2007

Regina v MacMaster: CACD 28 Oct 1998

The conversion of cash from one currency into another can of itself constitute the offence of facilitating the retention or control of the benefits of drug trafficking irrespective of the purpose of the conversion. The words in the statute are not limited. Citations: Gazette 04-Nov-1998, Times 28-Oct-1998, [1998] EWCA Crim 2824 Statutes: Drug Trafficking Act … Continue reading Regina v MacMaster: CACD 28 Oct 1998

Regina v Fadden: CACD 26 Jan 1998

In assessment of proceeds of drug trafficking, court not to treat money launderers as a special case despite statutory distinction. Citations: Times 26-Jan-1998 Statutes: Drug Trafficking Offenders Act 1994 4(5) Jurisdiction: England and Wales Criminal Sentencing Updated: 11 October 2022; Ref: scu.86652

Regina v Shevki and Another: CACD 14 Dec 2000

The making of a confiscation order is part of sentencing. Such an order might be delayed provided the determination was made within six months of conviction. If in the circumstances of the case of an adjournment beyond that period was necessary, whether or not the information gathering process had been completed, an extension of time … Continue reading Regina v Shevki and Another: CACD 14 Dec 2000

Regina v Montilla, Newbury etc: CACD 3 Nov 2003

The Crown appealed a decision that a conviction under subsection 2 required proof that the money the disposal of which the defendant was accused to have assisted was in fact the proceeds of drug trafficking. Held: Subsections 1 and 2 were clearly differently worded. Under section 1 it was necessary to prove that the goods … Continue reading Regina v Montilla, Newbury etc: CACD 3 Nov 2003

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017

This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and … Continue reading Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017

Commissioners of Customs and Excise v A; A v A: FD 18 Apr 2002

The husband had been convicted of trafficking in cannabis, and an order had been made confiscating his assets. His wife had already petitioned for divorce and begun ancillary relief proceedings. She claimed that her interest in the house under section 24 of the Act was protected. The receiver sought sale of the house to recover … Continue reading Commissioners of Customs and Excise v A; A v A: FD 18 Apr 2002

Regina v Dover Magistrates’ Court ex parte Webb: Admn 18 Mar 1998

The defendant appealed against a forfeiture order, saying that it had been made under the 1990 Act which had been repealed. Held: The wrong naming of the section did not invalidate the decision. Judges: Lord Bingham of Cornhill LCJ, Dyson J Citations: [1998] EWHC Admin 332 Statutes: Criminal Justice (International Co-operation) Act 1990, Drug Trafficking … Continue reading Regina v Dover Magistrates’ Court ex parte Webb: Admn 18 Mar 1998

Valentine v Regina: CACD 10 Nov 2006

The defendant appealed his sentence for conspiracy to supply counterfeit drugs. Held: The defendant need only serve the sentence if he failed to pay a penalty which the court had decided he could afford to pay. Appeal dismissed. Judges: Scott Baker LJ, Holland J, Loraine-Smith J Citations: [2006] EWCA Crim 2717 Links: Bailii Statutes: Medicines … Continue reading Valentine v Regina: CACD 10 Nov 2006

Suchedina v Regina; similar: CACD 27 Oct 2006

Four defendants appealed convictions in money laundering cases. The first defendant operated a money exchange through which substantial volumes of cash were moved, but claimed that he believed the money to have been honestly acquired. Held: Saik now meant that the requirement was for actual suspicion, not mere reasonable cause for suspicion. However in this … Continue reading Suchedina v Regina; similar: CACD 27 Oct 2006

Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006

The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it. Held: The anonymity ruling did not prevent proper investigation with the witnesses in open court of the essential elements of … Continue reading Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006

Ali, Hussain, Khan, Bhatti, Regina v: CACD 7 Jun 2005

The defendants appealed against their convictions for conspiracy to launder money under section 49(2) of the 1994 Act. The appellants said that the effect of the decision in Montila, alongside sections 1(1) and 1(2) of the 1997 Act, was that a person could not be guilty of a conspiracy to commit an offence against section … Continue reading Ali, Hussain, Khan, Bhatti, Regina v: CACD 7 Jun 2005

Holland v Her Majesty’s Advocate (Devolution): PC 11 May 2005

The defendant appealed his convictions for robbery. He had been subject to a dock identification, and he complained that the prosecution had failed in its duties of disclosure. Held: The combination of several failings meant that the defendant had not received a fair trial, and the appeal was allowed. The practice of dock identification was … Continue reading Holland v Her Majesty’s Advocate (Devolution): PC 11 May 2005

Sekhon, etc v Regina: CACD 16 Dec 2002

The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements. Held: The courts must remember the importance of such procedures in the fight against crime, and must not allow procedural or technical failures to defeat that purpose. Courts should rather look to see … Continue reading Sekhon, etc v Regina: CACD 16 Dec 2002

Commissioners of Customs and Excise v Duffy and Others: QBD 1 Mar 2002

The three defendants were stopped on their way to Malaga. Each carried andpound;7,000 or andpound;6,000. Their explanations were not accepted, and the money was seized under the Act. The magistrates ordered it to be returned, and Customs appealed. Held: It was not proper to aggregate the sums under the Act so as to reach a … Continue reading Commissioners of Customs and Excise v Duffy and Others: QBD 1 Mar 2002

Gough and Another v The Chief Constable of the West Midlands Police: CA 2 Mar 2004

The claimants sought return of vehicle parts from the police. The police replied that the goods had been tampered with in such a way as to suggest they may have been stolen, and that they were therefore kept, even after the finish of the court procedings against the claimants, to ascertain their ownership under the … Continue reading Gough and Another v The Chief Constable of the West Midlands Police: CA 2 Mar 2004

Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject matters were reserved to the UK Parliament under the 1998 Act. Second that the Act … Continue reading Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

Regina v Benjafield, Regina v Leal, Regina v Rezvi, Regina v Milford: HL 24 Jan 2002

Statutory provisions which reversed the burden of proof in cases involving drug smuggling and other repeat offenders, allowing confiscation orders to be made were not necessarily in contravention of the article 6 right. However the question of whether the statutory provision infringed the right to a fair trial was for each particular case which came … Continue reading Regina v Benjafield, Regina v Leal, Regina v Rezvi, Regina v Milford: HL 24 Jan 2002

Regina v Rezvi: HL 24 Jan 2002

Having been convicted of theft, a confiscation order had been made against which the appellant appealed. The Court of Appeal certified a question of whether confiscation provisions under the 1988 Act were in breach of the defendant’s human rights. Are applications for confiscation orders criminal proceedings under the Convention, and if so do the assumptions … Continue reading Regina v Rezvi: HL 24 Jan 2002

Hughes and Others v HM Customs and Excise: Admn 21 Dec 2001

The applicants had either been acquitted of drugs trafficking offences, or were third parties. In each case, property had been taken into receivership, and orders had been made for the receivers to take their costs from the assets taken. The proprietors appealed that part of the orders. Held: The receiver is an officer of the … Continue reading Hughes and Others v HM Customs and Excise: Admn 21 Dec 2001

Phillips v United Kingdom: ECHR 5 Jul 2001

Having been convicted of drug trafficking, an application was made for a confiscation under the 1994 Act. On the civil balance of proof, and applying the assumptions under the Act, an order was made. The applicant claimed that his article 6 rights had been infringed. The respondent government said the application for an order was … Continue reading Phillips v United Kingdom: ECHR 5 Jul 2001

Coventry and Solihull Waste Disposal Company Ltd v Russell: HL 25 Nov 1999

Where an electricity supplier operated a waste plant to generate electricity, but still, the predominant use of the plant was for waste disposal, the rates were not to be calculated under the industry’s own special rules, but under those for the general rating of business premises. An explanatory note may be referred to as an … Continue reading Coventry and Solihull Waste Disposal Company Ltd v Russell: HL 25 Nov 1999

Regina v Benjafield, Leal, Rezvi and Milford: CACD 21 Dec 2000

Lord Woolf MR said that where the original proceedings are brought by a public authority, an appeal is part of those proceedings to which section 22(4) applies: ‘In our judgment, where the original proceedings are brought by, or at the instigation of, a public authority, as is the case with a prosecution, an appeal by … Continue reading Regina v Benjafield, Leal, Rezvi and Milford: CACD 21 Dec 2000

Regina v October: CACD 27 Feb 2003

The court had adjourned its proceedings in the absence of the defendant, so as not to fall foul of the requirement that a confiscation inquiry must take place within six months of conviction. The defendant appealed. Held: The court could exercise its common law power to adjourn. The statutory power could only be exercised where … Continue reading Regina v October: CACD 27 Feb 2003

Russell v Coventry and Solihull Waste Disposal Co Ltd: CA 11 Jun 1998

For a site supplying several services including waste management and lesser electricity generation, the primary purpose governed its rating, and the site did not have the exemptions from commercial rates which were allowed to generator sites. An explanatory note may be referred to as an aid to construction where the statutory instrument to which it … Continue reading Russell v Coventry and Solihull Waste Disposal Co Ltd: CA 11 Jun 1998

Regina v Metcalfe and Another: CACD 21 Dec 2004

The defendants appealed confiscation orders for drug trafficking where there had been a finding that of the tablets sold as ecstacy, probably only one tablet in a million was actually a class A controlled drug. Held:The Act required there to be shown that the defendant had ‘received any payment . . . . In connection … Continue reading Regina v Metcalfe and Another: CACD 21 Dec 2004

Webb v The United Kingdom: ECHR 10 Feb 2004

The Court rejected the applicant’s contention that the proceedings involved a ‘criminal charge’ and resulted in the imposition of a penalty or punishment. The forfeiture was preventative and not a penal sanction. Accordingly it was permissible that, pursuant to section 43(3), the standard of proof required to justify forfeiture was that applicable to civil proceedings. … Continue reading Webb v The United Kingdom: ECHR 10 Feb 2004

Butler v United Kingdom: ECHR 27 Jun 2002

A substantial confiscation order was made with respect to money seized from the applicant on the ground that customs officers believed the money was directly or indirectly the proceeds of drugs trafficking and/or was intended for use in drug trafficking. The applicant contended that a court, when considering whether to make a forfeiture order in … Continue reading Butler v United Kingdom: ECHR 27 Jun 2002

Lloyd v Bow Street Magistrates Court: Admn 8 Oct 2003

The defendant had been convicted and made subect to a confiscation order in 1996. A final order for enforcement was made in late 2002. The defendant said the delay in the enforcement proceedings was a breach of his right to a trial within a reasonable time. Held: The reasonable time guarantee afforded by Article 6.1 … Continue reading Lloyd v Bow Street Magistrates Court: Admn 8 Oct 2003

Westminster City Council v National Asylum Support Service: HL 17 Oct 2002

The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker. Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were infirm and whose infirmity was not a consequence of their destitution, had not been excluded. Only able bodied … Continue reading Westminster City Council v National Asylum Support Service: HL 17 Oct 2002

Regina v Magro: CACD 8 Jul 2010

Each defendant appealed against confiscation orders made when the sentence imposed was an absolute or conditional discharge. They said that Clarke made such orders unlawful. Held: The decision in Clarke was a difficult limitation on the court’s discretion: ‘there are cases in which the combination of an order for discharge with a confiscation order represents … Continue reading Regina v Magro: CACD 8 Jul 2010

Roberts v Parole Board: HL 7 Jul 2005

Balancing Rights of Prisoner and Society The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him. Held: The appeal failed (by a majority). The … Continue reading Roberts v Parole Board: HL 7 Jul 2005

Regina v Isleworth Crown Court ex parte Marland: Admn 28 Oct 1997

A previous conviction of the defendant for a drugs related offence was admissible on a civil application for the forfeiture of cash said to represent the proceeds of drug trafficking under the section 43(1). The court observed that the circumstances in which similar fact evidence would be admitted in a criminal trial were closely circumscribed … Continue reading Regina v Isleworth Crown Court ex parte Marland: Admn 28 Oct 1997

Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019

These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of a criminal offence where their conviction is subsequently quashed (or they are pardoned) because of the impact of fresh evidence. It was argued that the failure to make payment amounted to a denial of the right to the presumption of … Continue reading Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019

Gale and Another v Serious Organised Crime Agency: SC 26 Oct 2011

Civil recovery orders had been made against the applicant. He had been accused and acquitted of drug trafficking allegations in Europe, but the judge had been persuaded that he had no proper explanation for the accumulation of his wealth, and had rejected his evidence as unreliable. Held: The defendant’s appeal failed. The making of an … Continue reading Gale and Another v Serious Organised Crime Agency: SC 26 Oct 2011

Regina v Davies: CACD 22 May 2001

The judge when sentencing the offender set a timetable for the purpose of determinations under the 1994 Act, requiring disclosure of assets and expenditure by the defendant within 28 days and a prosecutor’s statement within 28 days thereafter. Held: Nevertheless, there had been a breach of section 3 because the court had failed to specify … Continue reading Regina v Davies: CACD 22 May 2001

Ginwalla, Regina v: CACD 8 Dec 2005

[2005] EWCA Crim 3553 Bailii Drug Trafficking Act 1994 31(4) England and Wales Cited by: Cited – Gibson v Revenue and Customs Prosecution Office CA 12-Jun-2008 The claimant’s husband had been made subject to a criminal confiscation order in the sum of pounds 5.5 million. She now sought to appeal an action against life policies … Continue reading Ginwalla, Regina v: CACD 8 Dec 2005

Gibson v Revenue and Customs Prosecution Office: CA 12 Jun 2008

The claimant’s husband had been made subject to a criminal confiscation order in the sum of pounds 5.5 million. She now sought to appeal an action against life policies in which she claimed a 50% interest. Held: Despite the finding that she had some awareness of her husband’s activities, the claimant was entitled to keep … Continue reading Gibson v Revenue and Customs Prosecution Office: CA 12 Jun 2008

Gora and others v Commissioners of Customs and Excise and others: CA 11 Apr 2003

The appellants challenged decisions of the VAT and Duties Tribunal after seizure of their goods, and in particular whether the cases had been criminal or civil cases and following Roth, whether the respondent’s policy had been lawful and proportionate. Held: The present procedure does not involve the criminal courts and the absence of any criminal … Continue reading Gora and others v Commissioners of Customs and Excise and others: CA 11 Apr 2003

Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005

Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations. Held: The prisoners’ appeals were allowed. Lord Bingham stated: ‘While an oral hearing is most obviously necessary to achieve a just decision in a case where facts are … Continue reading Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005

H M Customs and Excise and Another v MCA and Another; A v A; Re MCA: CA 22 Jul 2002

The husband and wife divorced and a property adjustment order applied for. The husband had been convicted and a drugs proceeds order made under the 1994 Act. The order had not been satisfied, and the receiver applied for money from the matrimonial property. Held: The two Acts gave no indication that either was to take … Continue reading H M Customs and Excise and Another v MCA and Another; A v A; Re MCA: CA 22 Jul 2002

Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002

The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002

Pickstone v Freemans Plc: HL 30 Jun 1988

The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim failed. Held: The claim was not disbarred in this … Continue reading Pickstone v Freemans Plc: HL 30 Jun 1988

Regina v Latif; Regina v Shahzad: HL 23 Jan 1996

The defendant had been lured into the UK by the unlawful acts of customs officers. He claimed abuse of process. Held: The category of cases in which the abuse of process principles can be applied is not closed. A customs officer committing an offence alongside the defendant did not necessarily make thereby make a prosecution … Continue reading Regina v Latif; Regina v Shahzad: HL 23 Jan 1996

Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

Regina v Green: HL 14 May 2008

The appellant had been found to have received criminal proceeds along with another. He appealed against an order making him liable for the full amount. Held: The appeal failed. The defendant’s argument did not face the finding that he had been acting jointly with his co-defendants. ‘The committee cannot, however, regard it as disproportionate to … Continue reading Regina v Green: HL 14 May 2008

Brown and Others v InnovatorOne Plc and Others: ComC 19 Jun 2009

The claimants served proceedings by fax. The defendants denied that it was effective saying that they had not confirmed that they were instructed to accept service or that as required by the rules they had confirmed that they would accept service by fax. Held: The service had not been valid. The claimant effectively argued for … Continue reading Brown and Others v InnovatorOne Plc and Others: ComC 19 Jun 2009