The court considered the proper approach for the court to adopt, and the proper orders for the court to make, in confiscation proceedings where a number of criminals (some of whom may not be before the court) had between them acquired property or money as a result of committing an offence for which all or only some of them had been convicted in the trial which led to the proceedings. They challenged the decision of the Court of Appeal that each of the appellants should be separately liable for the whole of that amount.
Held: The appeals were allowed. Though the state should make double recovery each defendant was liable for the entire amount.
Lord Neuberger, President, Lord Sumption, Lord Reed, Lord Hughes, Lord Toulson
[2014] UKSC 36, [2014] 4 All ER 767, [2014] WLR(D) 264, [2014] Crim LR 756, [2014] 3 WLR 23, [2014] Lloyd’s Rep FC 547, [2014] 2 Cr App R (S) 75, UKSC 2012/0082
Bailii, SC Summary, SC, WLRD, Bailii Summary
Proceeds of Crime Act 2002, Criminal Justice Act 1988
England and Wales
Citing:
Appeal from – Ahmad and Another v Regina CACD 2-Mar-2012
The defendants appealed against confiscation orders each for more than andpound;92 million said to have been derived from a substantial fraud.
Held: The appeals succeeded. Sums which had been paid into banks as the result of a purported sale . .
Cited – Crown Prosecution Service v Jennings HL 14-May-2008
The appellant appealed against the refusal to discharge a restraint order under the 1988 Act. The sum found to have been obtained in the later trial vastly exceeded the sum the defendant said had ever come within his control or benefit.
Held: . .
Cited – Olubitan v Regina CACD 7-Nov-2003
The defendant appealed against a confiscation order. He had used a company to defraud suppliers on the continent of substantial sums. He said that his involvement in the conspiracy was only toward the later end and that he had received no benefit in . .
Cited – May, Regina v HL 14-May-2008
The defendant had been convicted of involvement in a substantial VAT fraud, and made subject to a confiscation order. He was made subject to a confiscation order in respect of the amounts lost to the fraud where he was involved, but argued that the . .
Cited – 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 . .
Cited – Silcock and Another, Regina v CACD 29-Jan-2004
The defendants had been found guilty of conspiracy to deliver counterfeit notes. They now appealed against sentence and confiscation orders. The notes were high quality and denomination dollar notes, with probable total face values of many millions. . .
Cited – Grayson and Barnham v The United Kingdom ECHR 23-Sep-2008
Each applicant had been subject to confiscation in criminal proceedings relating to drugs offences. They complained that the legislation had reversed the burden of proof.
Held: ‘it was not incompatible with the notion of a fair hearing in . .
Cited – Regina v Clipston CACD 4-Mar-2011
Confiscation proceeding are themselves broadly criminal in nature. The judge can decide issues on the balance of probabilities, compel the defendant to disclose documents, draw adverse inferences from the absence of evidence, and rely on hearsay . .
Cited – Regina v Ascroft CACD 2003
. .
Cited – Crown Prosecution Service v Jennings HL 14-May-2008
The appellant appealed against the refusal to discharge a restraint order under the 1988 Act. The sum found to have been obtained in the later trial vastly exceeded the sum the defendant said had ever come within his control or benefit.
Held: . .
Cited – Waya, Regina v SC 14-Nov-2012
The defendant appealed against confiscation orders made under the 2002 Act. He had bought a flat with a substantial deposit from his own resources, and the balance from a lender. That lender was repaid after he took a replacement loan. He was later . .
Cited – Harvey, Regina v CACD 3-Jul-2013
The defendant had been convicted of handling and receiving stolen goods. He now appealed from a confiscation order made under the 2002 Act. The defendant having admitted to benefiting from a criminal lifestyle, the court had to decide to what . .
Cited by:
Cited – Harvey, Regina v SC 16-Dec-2015
Police had discovered quantities of stolen goods at the appellant’s business premises. He was convicted of receiving stolen goods, and confiscation order made. He now appealed from the inclusion in that order of sums of VAT which had already been . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Leading Case
Updated: 01 November 2021; Ref: scu.526728