Search Results for: Crime

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National Crime Agency and Another v Odewale and Another: Admn 22 Jun 2020

Claim brought by the National Crime Agency (the ‘NCA’) for a civil recovery order under Chapter 2 of Part 5 of the POCA in relation to certain assets (the ‘Disputed Assets’) held by the First and Second Defendant. Judges: The Hon. Mrs Justice McGowan DBE Citations: [2020] EWHC 1609 (Admin) Links: Bailii Statutes: Proceeds of … Continue reading National Crime Agency and Another v Odewale and Another: Admn 22 Jun 2020

P v P (Ancillary Relief: Proceeds of Crime): FD 8 Oct 2003

The parties sought guidance from the court on the circumstances which arose in ancillary relief proceedings where a legal representative came to believe that one party might be holding the proceeds of crime. In the course of ancillary relief proceedings, the parties legal representatives concluded that some part of the matrimonial assets might represent the … Continue reading P v P (Ancillary Relief: Proceeds of Crime): FD 8 Oct 2003

Practice Direction (Crime: Mandatory life sentences) (No 2): 29 Jul 2004

The direction gave practical guidance on the procedure for passing a mandatory life sentence under the Act Judges: Lord Woolf LCJ Citations: Times 02-Aug-2004, [2004] 1 WLR 2551 Statutes: Criminal Justice Act 2003 269 Jurisdiction: England and Wales Cited by: Cited – X, Regina v Admn 17-Feb-2005 . . Lists of cited by and citing … Continue reading Practice Direction (Crime: Mandatory life sentences) (No 2): 29 Jul 2004

Hampshire Police and Crime Panel (Police and Criminal Justice): ICO 19 Dec 2019

The complainant requested from Hampshire Police and Crime Panel (HPCP) information relating to its organisational matters, expenses, complaints management, budget and terms of reference. HPCP provided the complainant with information in relation to some parts of the request and stated that it did not hold information for the remaining parts of the information request. The … Continue reading Hampshire Police and Crime Panel (Police and Criminal Justice): ICO 19 Dec 2019

Abacha and Others v National Crime Agency: CA 19 Jul 2016

‘When considering an application to the Court to prohibit the dealing with or disposal of assets within the jurisdiction made by the National Crime Agency, at the request of the Central Authority of a friendly foreign state by way of Mutual Legal Assistance, what is the just balance to strike between the right of a … Continue reading Abacha and Others v National Crime Agency: CA 19 Jul 2016

National Crime Agency v Khan and Others: QBD 20 Jan 2017

Claim by the National Crime Agency under Part 5 of the Proceeds of Crime Act 2002 for the recovery of property and bank accounts owned by various Defendants alleged to be property obtained through unlawful conduct. Citations: [2017] EWHC 27 (QB) Links: Bailii Jurisdiction: England and Wales Criminal Practice, Police Updated: 19 November 2022; Ref: … Continue reading National Crime Agency v Khan and Others: QBD 20 Jan 2017

The National Crime Agency v Robb: ChD 23 Dec 2014

Proceedings for the civil recovery of the proceeds of unlawful conduct Judges: The Chancellor (Sir Terence Etherton) Citations: [2014] EWHC 4384 (Ch), [2015] 1 Ch 520, [2015] Lloyd’s Rep FC 161, [2015] WLR(D) 1, [2015] 3 WLR 23 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Police Updated: 17 November 2022; … Continue reading The National Crime Agency v Robb: ChD 23 Dec 2014

Rhodes, Regina (on The Application of) v Police and Crime Commissioner for Lincolnshire: Admn 28 Mar 2013

The claimant sought to challenge a decision of the respondent to suspend him as Chief Constable. Held: The terms of regulation 4(1) confer a broad discretion on the appropriate authority. However, that discretion is subject to the conditions in reg. 4(2). An officer can only be suspended in the public interest if this course is … Continue reading Rhodes, Regina (on The Application of) v Police and Crime Commissioner for Lincolnshire: Admn 28 Mar 2013

Office of The Police and Crime Commissioner for Derbyshire (Police and Criminal Justice): ICO 8 Sep 2020

The complainant has requested information about speed camera criteria from the Office of the Police and Crime Commissioner for Derbyshire (the ‘OPCC’). The OPCC advised the complainant that it did not hold the requested information. The Commissioner’s decision is that, on the civil standard of the balance of probabilities, the OPCC does not hold the … Continue reading Office of The Police and Crime Commissioner for Derbyshire (Police and Criminal Justice): ICO 8 Sep 2020

Office of The Police and Crime Commissioner of Lincolnshire (Police and Criminal Justice): ICO 9 Feb 2022

The complainant requested information from the Office of the Police and Crime Commissioner for Lincolnshire (PCC) relating to complaints received by the PCC. By the date of this notice the PCC had not issued a substantive response to this request. The Commissioner’s decision is that the PCC has breached section 10(1) of the FOIA in … Continue reading Office of The Police and Crime Commissioner of Lincolnshire (Police and Criminal Justice): ICO 9 Feb 2022

Cook and Another v Serious Organised Crime Agency: Admn 27 Jul 2010

The claimants sought review of a decision of the Serious Organised Crime Agency to seize documents which have been the subject of the unlawful execution of a search warrant, purporting to act for this record seizure under section 19 of the Police and Criminal Evidence Act 1984. SOCA, with identical powers to those of the … Continue reading Cook and Another v Serious Organised Crime Agency: Admn 27 Jul 2010

Office of The North Yorkshire Police, Fire and Crime Commissioner (Other): ICO 27 May 2021

The complainant requested information from the Office of the Police, Fire and Crime Commissioner for North Yorkshire (OPFCC) relating to the role of a named individual within the Civil Disclosure Unit. The OPFCC refused to comply with the request, citing section 14(1) (vexatious request) of the FOIA. The Commissioner’s decision is that the request was … Continue reading Office of The North Yorkshire Police, Fire and Crime Commissioner (Other): ICO 27 May 2021

Police, Fire and Crime Commissioner for Staffordshire (Police and Criminal Justice): ICO 11 Nov 2020

The complainant submitted two requests for information to the Police, Fire and Crime Commissioner for Staffordshire. The Police, Fire and Crime Commissioner took four months to issue substantive responses to these requests. Accordingly the Information Commissioner’s decision is that the Police, Fire and Crime Commissioner failed to comply with section 10(1) of FOIA. Since the … Continue reading Police, Fire and Crime Commissioner for Staffordshire (Police and Criminal Justice): ICO 11 Nov 2020

Hajiyeva v National Crime Agency: CA 5 Feb 2020

Appeal from a decision dismissing an application made by the ‘appellant to discharge an Unexplained Wealth Order previously made at a ‘without notice’ hearing. Judges: The Lord Burnett of Maldon, Lord Justice Davis and Lord Justice Simon Citations: [2020] EWCA Civ 108 Links: Bailii Jurisdiction: England and Wales Administrative Updated: 15 October 2022; Ref: scu.647013

The Serious Organised Crime Agency v Robb: QBD 30 Mar 2012

The Agency sought an order against a bank account saying it represented the proceeds of crime. Third parties said that having lost sums due to unlawful activities by the defendant, they also had a claim against it. Judges: MacKay J Citations: [2012] EWHC 803 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 266 243 … Continue reading The Serious Organised Crime Agency v Robb: QBD 30 Mar 2012

Serious Organised Crime Agency v Namli and Another: CA 29 Nov 2011

An application was made to vary a disclosure order. The application raised a question as to the scope of CPR Part 33.6 and the relationship between that provision, Part 31.5(2) and Part 31.19, and the exercise of the powers conferred on the Court by Part 31.5(2) and Part 31.19. Held: CPR 31.5(2) empowers the court … Continue reading Serious Organised Crime Agency v Namli and Another: CA 29 Nov 2011

Szepietowski v The Serious Organised Crime Agency: CA 21 Jul 2011

The claimant owned properties subject to charges in favour of a bank. The Agency alleged that the properties represented the proceeds of crime. The agency had settled its claim by taking a second charge over one property. When that was sold, only sufficient funds were available to discharge the bank’s first charge, and the Agency … Continue reading Szepietowski v The Serious Organised Crime Agency: CA 21 Jul 2011

Perry and Others v Serious Organised Crime Agency: CA 18 May 2011

The court was asked ‘Does a court in England and Wales have the power under Part 5 of the Proceeds of Crime Act 2002 to make a recovery order in favour of the trustee for civil recovery in respect of recoverable property outside this jurisdiction, whether moveable or immoveable?’Hooper LJ justifified the extraterritorial effect, saying … Continue reading Perry and Others v Serious Organised Crime Agency: CA 18 May 2011

Practice Direction (Crime: Victim personal statements): CACD 16 Oct 2001

Victims of crime are now given particular opportunity to say how the crime has effected them personally. Courts should, when sentencing, take a properly formed statement and any supporting evidence into account. The court must pass a sentence having regard to the offence and of the offender taking into account, so far as appropriate, the … Continue reading Practice Direction (Crime: Victim personal statements): CACD 16 Oct 2001

Police, Fire and Crime Commissioner for Staffordshire (Police and Criminal Justice): ICO 19 Sep 2019

The complainant has requested information regarding recent tenders in relation to domestic abuse support services. The Police, Fire and Crime Commissioner for Staffordshire withheld the information, citing section 12(1) (Exceeding the cost limit) of the FOIA. The Commissioner’s decision is that the Police, Fire and Crime Commissioner for Staffordshire has applied section 12(1) of the … Continue reading Police, Fire and Crime Commissioner for Staffordshire (Police and Criminal Justice): ICO 19 Sep 2019

Regina v S (Crime: delay in prosecution): CACD 6 Mar 2006

The defendant appealed his conviction saying that the prosecution should have been stayed permanently because of the delay in bringing the case. He had been sentenced to 7 years imprisonment for sexual assaults committed in the 1970s. Held: A permanent stay should be exceptional. It was an exercise of judicial assessment based upon experience rather … Continue reading Regina v S (Crime: delay in prosecution): CACD 6 Mar 2006

Serious Organised Crime Agency v Perry and Others: CA 29 Jul 2010

The court heard appeals against disclosure orders made under the 2002 Act. The appellants argued that neither the offence, nor the assets nor the appellants themselves were within the jurisdiction. Citations: [2010] EWCA Civ 907, [2010] 1 WLR 542, [2010] CP Rep 43, [2010] Lloyds Rep FC 606 Links: Bailii Statutes: Proceeds of Crime Act … Continue reading Serious Organised Crime Agency v Perry and Others: CA 29 Jul 2010

Gale and Others v Serious Organised Crime Agency: CA 7 Jul 2010

The appellants challenged an order made against them under the 2002 Act where Mr Gale had been prosecuted abroad, but not convicted on drug trafficking allegations. The Agency said that no satisfactory explanation had been given of the considerable assets accumulated, and the Court rejected the appellants’ evidence as unreliable. Held: The appeal failed. Judges: … Continue reading Gale and Others v Serious Organised Crime Agency: CA 7 Jul 2010

Serious Organised Crime Agency v Gale and Others: QBD 12 May 2009

Mr Gale had been prosecuted twice in foreign courts on allegations of drug trafficking. Each prosecution had failed. The Agency nevertheless sought an order under the 2002 Act alleging that his property was the fruit of criminal activity. Held: The order was granted. The court rejected Mr Gale’s case that he was ‘a genuine businessman … Continue reading Serious Organised Crime Agency v Gale and Others: QBD 12 May 2009

Police and Crime Commissioner for West Midlands (Police and Criminal Justice): ICO 23 Jun 2022

The complainant has requested copies of the application forms for successfully appointed applicants to the position of Legally Qualified Chair (LQC) for Police Conduct Panels for the last 10 years. The Commissioner’s decision is that West Midlands Police and Crime Commissioner (WMPCC) has correctly cited section 40(2) in response to the request. The Commissioner does … Continue reading Police and Crime Commissioner for West Midlands (Police and Criminal Justice): ICO 23 Jun 2022

Police and Crime Commissioner for Sussex (Police and Criminal Justice) 126719: ICO 17 Jun 2022

The complainant has requested copies of the application forms for successfully appointed applicants to the position of Legally Qualified Chair (‘LQC’) for Police Conduct Panels for the past ten years. The Commissioner’s decision is that the Office of the Sussex Police and Crime Commissioner (OSPCC) is entitled to rely on section 40(2) to withhold the … Continue reading Police and Crime Commissioner for Sussex (Police and Criminal Justice) 126719: ICO 17 Jun 2022

Police and Crime Commissioner for Sussex (Police and Criminal Justice) ic-126719: ICO 17 Jun 2022

The complainant has requested copies of the application forms for successfully appointed applicants to the position of Legally Qualified Chair (‘LQC’) for Police Conduct Panels for the past ten years. The Commissioner’s decision is that the Office of the Sussex Police and Crime Commissioner (OSPCC) is entitled to rely on section 40(2) to withhold the … Continue reading Police and Crime Commissioner for Sussex (Police and Criminal Justice) ic-126719: ICO 17 Jun 2022

Szepietowski v The National Crime Agency: SC 23 Oct 2013

S owned several propertie in charge to the bank, but the Agency said that each had been acquired with the proceeds of criminal activity. The parties had settled the claim by the grant of a second charge in favour of the Agency. However when that property was sold, the bank’s first charge (securing money also … Continue reading Szepietowski v The National Crime Agency: SC 23 Oct 2013

Serious Organised Crime Agency v Szepietowski and Others (No 2): ChD 1 Jul 2009

The Agency asked to have set aside four orders allowing the defendant to have excluded from his assets subject to an interim receiving order to allow payment of his legal expenses. Held: There was no rule that assets once excluded from an order must remain so excluded. The section allowed but did not require an … Continue reading Serious Organised Crime Agency v Szepietowski and Others (No 2): ChD 1 Jul 2009

Serious Organised Crime Agency v Szepietowski and others: ChD 27 Feb 2009

Several of the defendants applied for assets to be excluded from an interim receiving order in order to enable them to meet legal expenses. Judges: Henderson J Citations: [2009] EWHC 344 (Ch), [2010] 1 WLR 1316, [2010] Bus LR 689 Links: Bailii Statutes: Proceeds of Crime Act 2000 Jurisdiction: England and Wales Citing: See Also … Continue reading Serious Organised Crime Agency v Szepietowski and others: ChD 27 Feb 2009

Tucker, Regina (On the Application of) v National Crime Squad: Admn 12 Apr 2002

The claimant sought judicial review of a decision to terminate his secondment to the National Crime Squad. It was said that there had been concerns about his management skills after in investigation into drug related offences by co-officers. The decision was said to be unrelated but subject to matters protected by public interest immunity. Held: … Continue reading Tucker, Regina (On the Application of) v National Crime Squad: Admn 12 Apr 2002

Office of The Bedfordshire Police and Crime Commissioner (Police and Criminal Justice): ICO 9 Sep 2020

The complainant has requested monitoring information from the Office of the Bedfordshire Police and Crime Commissioner (‘the OPCC’) about community grant awards. The OPCC directed the complainant to information which it published on its website about the grants that it awards. It also disclosed a substantial amount of information. However, it refused to disclose some … Continue reading Office of The Bedfordshire Police and Crime Commissioner (Police and Criminal Justice): ICO 9 Sep 2020

Practice Direction (Crime: Forms for use in criminal proceedings): SC 22 Mar 2005

A new schedule of forms to be used in all criminal cases after April 5 when the new rules come in was provided. Most forms remained unaltered, and where unaltered, existing forms could continue to be used. Judges: Lord Woolf LCJ Citations: Times 28-Mar-2005 Jurisdiction: England and Wales Citing: Cited – Practice Direction (Criminal Proceedings: … Continue reading Practice Direction (Crime: Forms for use in criminal proceedings): SC 22 Mar 2005

Regina (ex parte UMBS Online Ltd) v Serious Organised Crime Agency: Admn 2007

The customers bank accounts had been frozen at the request of the respondent agency after the bank had reported what it thought was suspicious activity to the Agency. It sought judicial review of the agency’s refusal to allow the bank to resume operation of the mandate. Held: The request for judicial review was refused. Judges: … Continue reading Regina (ex parte UMBS Online Ltd) v Serious Organised Crime Agency: Admn 2007

UMBS Online Ltd, Regina (on the Application Of) v Serious Organised Crime Agency and Another: CA 2 May 2007

The bank had reported to the respondent its suspicions about funds it held for the claimant. The accounts were frozen, and the customer now sought a judicial review of the refusal of the Agency to reconsider its decision. Held: The review was granted. The Agency had to acknowledge the great effect on commercial activities of … Continue reading UMBS Online Ltd, Regina (on the Application Of) v Serious Organised Crime Agency and Another: CA 2 May 2007

Police and Crime Commissioner for Essex (Decision Notice): ICO 19 Mar 2013

The complainant has requested a report into an internal investigation regarding expenses claimed by a named individual. The Essex Police Authority (now the Police and Crime Commissioner for Essex) refused to provide this citing section 40(2) (Unfair disclosure of personal data) as its basis for doing so. It upheld this position at internal review. The … Continue reading Police and Crime Commissioner for Essex (Decision Notice): ICO 19 Mar 2013

Police and Crime Commissioner for Cleveland (Decision Notice): ICO 21 Jan 2014

The complainant requested information relating to allegations of professional misconduct against the former Chief Constable for Cleveland Police. The Commissioner’s decision is that the Office of the Police and Crime Commissioner for Cleveland (the PCC) was entitled to refuse the request in reliance on the exemption at section 31(1)(b) of the FOIA. The Commissioner does … Continue reading Police and Crime Commissioner for Cleveland (Decision Notice): ICO 21 Jan 2014

Office of The Police and Crime Commissioner for Cambridgeshire (Police and Criminal Justice): ICO 4 May 2022

The complainant requested from the Office of the Police and Crime Commissioner for Cambridgeshire and Peterborough (‘OPCC’) copies of the application forms for successfully appointed applicants to the position of Legally Qualified Chair (‘LQC’) for Police Conduct Panels for the past ten years. The Commissioner’s decision is that the information requested falls within the definition … Continue reading Office of The Police and Crime Commissioner for Cambridgeshire (Police and Criminal Justice): ICO 4 May 2022

Police and Crime Commissioner for North Yorkshire (Decision Notice): ICO 23 Apr 2013

The complainant requested a copy of a report relating to the re-assessment of injury pensions paid out to retired police officers. The Commissioner’s decision is that the public authority did not correctly engage the exemption at section 36(2)(c) FOIA in relation to the entirety of the report. However, he finds that the public authority was … Continue reading Police and Crime Commissioner for North Yorkshire (Decision Notice): ICO 23 Apr 2013

National Crime Agency v Petrosaudi Oil Services (Venezuela) Ltd: Admn 13 Apr 2022

Application by the National Crime Agency (‘the NCA’) against Petrosaudi Oil Services (Venezuela) Ltd (‘POSVL’) for a Prohibition Order in respect of funds previously held in an escrow account by POSVL’s solicitors, Clyde and Co, and now held in the Court Funds Office. Judges: Mr Justice Griffiths Citations: [2022] EWHC 920 (Admin) Links: Bailii Jurisdiction: … Continue reading National Crime Agency v Petrosaudi Oil Services (Venezuela) Ltd: Admn 13 Apr 2022

Regina (Tucker) v Director General of the National Crime Squad: CA 17 Jan 2003

The applicant was a senior officer seconded to the National Crime Squad. He complained that his secondment had been terminated in a manner which was unfair, and left him tainted without opportunity to reply. He appealed against rejection of his request for judicial review. Held: The appeal failed. Operational matters within the police service, save … Continue reading Regina (Tucker) v Director General of the National Crime Squad: CA 17 Jan 2003

Dong and Another v National Crime Agency: FTTTx 27 Jan 2014

POSTPONEMENT OF TAX APPLICATIONS – whether third appellant’s application should be adjourned until further evidence obtained – no- whether tribunal had jurisdiction to entertain either application as lodged more than 30 days after letter treated as SOCA’s determination – yes – because that letter was not a determination under s 55(3)(a) but a later letter … Continue reading Dong and Another v National Crime Agency: FTTTx 27 Jan 2014

Practice Direction (Crime: Sentence: Loss of Time): 1980

Appellants were reminded of the courts powers to make a loss of time order in the case of inappropriate appeals against sentence. Citations: [1980] 1 WLR 270 Statutes: Criminal Appeal Act 1968 29 Jurisdiction: England and Wales Cited by: Cited – Regina v Kuimba CACD 12-Apr-2005 In dismissing the defendant’s appeal, the court expressed the … Continue reading Practice Direction (Crime: Sentence: Loss of Time): 1980

Practice Note (Crime: Applications for leave to appeal): 1970

Directions were given for loss of time orders. Citations: [1970] 1 WLR 663 Jurisdiction: England and Wales Cited by: Cited – Regina v Kuimba CACD 12-Apr-2005 In dismissing the defendant’s appeal, the court expressed the view that the Appeal court should be more ready to use the powers given to deter hopeless appeals by ordering … Continue reading Practice Note (Crime: Applications for leave to appeal): 1970

Police and Crime Commissioner for South Wales (Decision Notice): ICO 27 Aug 2013

The complainant requested information about local protocols in connection with guidance contained within Police Negotiation Board (PNB) Circular 10/4. Despite the intervention of the Commissioner, the South Wales Police Authority (now the Police and Crime Commissioner for South Wales) has not responded to the request. The Commissioner’s decision is that the PCC for South Wales … Continue reading Police and Crime Commissioner for South Wales (Decision Notice): ICO 27 Aug 2013

Application Of The Convention On The Prevention And Punishment Of The Crime Of Genocide (Bosnia And Herzegovina V. Serbia And Montenegro): ICJ 3 May 1993

The ICJ Court may make interim orders despite doubts on status of parties and facts. Citations: Times 03-May-1993 Links: ICJ Statutes: Convention On The Prevention And Punishment Of The Crime Of Genocide 48 Human Rights, International Updated: 10 May 2022; Ref: scu.79497

Daisley v The National Crime Agency: FTTTx 7 Dec 2018

Income Tax/Corporation Tax : Assessment/Self-Assessment – adoption of revenue functions by the NCA – Discovery Assessments – is knowledge that there is undeclared income, without more, sufficient to point an officer in the direction of there being an insufficiency of tax? – no – whether assessments valid – yes – whether satisfactory evidence to displace … Continue reading Daisley v The National Crime Agency: FTTTx 7 Dec 2018

Practice Statement (Crime: Life sentences): LCJ 31 May 2002

The statement followed the report of the Sentencing Advisory Panel of March 15, 2002. The statement contained guidance, not firm rules. The phrase ‘minimum term’ should replace the term ‘tariff’. Offenders are normally not released on the expiry of the minimum term. The judge should say how the minimum term had been arrived at, and … Continue reading Practice Statement (Crime: Life sentences): LCJ 31 May 2002

Police and Crime Commissioner for Cleveland (Decision Notice): ICO 4 Mar 2014

The complainant requested information relating to payments to senior police officers. The Office of the Police and Crime Commissioner (PCC) for Cleveland confirmed that it held the requested information but refused to disclose it citing the following FOIA exemptions: section 22 (information intended for future publication), section 31(1)(b), (c), (g) and (h) (law enforcement), and … Continue reading Police and Crime Commissioner for Cleveland (Decision Notice): ICO 4 Mar 2014