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 order under the 2002 Act is a civil claim, and article 6(1) applies, but not article 6(2) or (3). The facts of the dismissal of the charges abroad were not sufficiently closely connected with the allegations underlying the application here for the recovery order for the not guilty findings to prevent an order here.

Court: SC
Date: 26-Oct-2011
Judges: Lord Phillips, President, Lord Brown, Lord Mance, Lord Judge, Lord Clarke, Lord Dyson, Lord Reed
Statutes: Proceeds of Crime Act 2002, Serious Organised Crime and Police Act 2005, European Convention on Human Rights 6(1) 6(2) 6(3)
Links: Bailii, Bailii Summary, SC Summary, SC,
References: [2011] UKSC 49, UKSC 2010/0190, [2011] 1 WLR 2760
Cases Cited:

Leave a Comment

Filed under Criminal Practice, Human Rights

Leave a Reply