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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

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

Howard, Re Drug Trafficking Act 1994: CA 24 Jan 2001

Citations: [2001] EWCA Civ 47 Links: Bailii Statutes: Drug Trafficking Act 1994 Jurisdiction: England and Wales Crime Updated: 27 June 2022; Ref: scu.217937

Raimondo v Italy: ECHR 22 Feb 1994

The applicant was arrested and placed under house arrest on charges relating to his association with the Mafia. As an interim measure some of his property was seized. The proceedings ended in his acquittal. He claimed that the seizure of his property was a violation of his rights under A1P1. Held: His complaint was dismissed.The … Continue reading Raimondo v Italy: ECHR 22 Feb 1994

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 Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were infirm and whose infirmity was not a consequence of their destitution, had not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

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

In Re L: Admn 23 Jun 2010

Application for certificate of inadequacy. Judges: Hickinbottom J Citations: [2010] EWHC 1531 (Admin) Links: Bailii Statutes: Drug Trafficking Act 1994 17 Jurisdiction: England and Wales Criminal Sentencing Updated: 20 December 2022; Ref: scu.417772

Mckinsley v Crown Prosecution Service: CA 25 Jul 2006

The defendant had been made subject to a confiscation order. He now sought a certificate of inadequacy. Held: The appeal failed. The procedure for obtaining a certificate of inadequacy related only to circumstances arising following the confiscation order. The Acts provided a proper avenue of appeal against the order itself, and the use of this … Continue reading Mckinsley v Crown Prosecution Service: CA 25 Jul 2006

Telli v Revenue and Customs Prosecutions Office: CA 21 Dec 2007

The appellant had completed that proportion of a total of 22 years’ imprisonment, which he was required to serve for drug trafficking offences. But he remained in prison serving a default term for failure to pay the whole of the sum of pounds 3,458,806, which he was required to pay by virtue of a confiscation … Continue reading Telli v Revenue and Customs Prosecutions Office: CA 21 Dec 2007

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

Gibson, Regina (on The Application of) v Secretary of State for Justice: CA 11 Nov 2015

‘The issue in the case is whether the words ‘the said sum . . as was due at the time the period of detention was imposed’ in section 79(2) of the Magistrates’ Court Act (MCA) 1980 should be construed in the case of confiscation orders made under the Drug Trafficking Act 1994 (DTA) as meaning … Continue reading Gibson, Regina (on The Application of) v Secretary of State for Justice: CA 11 Nov 2015

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 Walls: CACD 30 Oct 2002

The defendant had been made the subject of a confiscation order. He appealed, saying that in calculating the assets, he had taken the gross value of his property without allowing for an outstanding mortgage. Held: The mortgage advance was not tainted money. Although the 1994 and 1988 Acts were intended to operate similarly and in … Continue reading Regina v Walls: CACD 30 Oct 2002

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

Regina v Montila and Others: HL 25 Nov 2004

The defendants faced charges under the two Acts. They raised as a preliminary issue whether it is necessary for the Crown to prove that the property being converted was in fact the proceeds, in the case of the 1994 Act, of drug trafficking and, in the case of the 1988 Act, of crime. The Crown … Continue reading Regina v Montila and Others: HL 25 Nov 2004

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 Banks: CACD 9 Dec 1996

Valuation of drugs in confiscation order.Applying the 1994 Act, sections 2(3) and 4(1) were directed to gross payments and not net profits. Judges: Lord Bingham of Cornhill LCJ, Sachs, Toulson JJ Citations: [1996] EWCA Crim 1799, [1997] 2 Cr App R (S) 110, [1997] Crim LR 235 Links: Bailii Statutes: Drug Trafficking Act 1994 5, … Continue reading Regina v Banks: CACD 9 Dec 1996

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

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

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

Crown Prosecution Service v Compton, Comptons of Brighton Limited, Coyne, Compton: CA 27 Nov 2002

Appeal against refusal of restraint order. Held: It is enough that on the documents a good arguable case arises for treating the relevant assets as the realisable property of the defendant. Lord Justice Simon Brown said: ‘All that I think it appropriate on this appeal to add by way of comment on the approach to … Continue reading Crown Prosecution Service v Compton, Comptons of Brighton Limited, Coyne, Compton: CA 27 Nov 2002

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

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

Regina v Levin: CACD 29 Jan 2004

The defendant appealed against a confiscation order, challenging the standard of proof applied by the judge. Held: The judge was entitled to include in his consideration, the evidence given at the trial as well as that on the confiscation application. He was to apply the civil standard of proof. That power was in 71(7A), which … Continue reading Regina v Levin: CACD 29 Jan 2004

Tinsley v Milligan: HL 28 Jun 1993

Two women parties used funds generated by a joint business venture to buy a house in which they lived together. It was vested in the sole name of the plaintiff but on the understanding that they were joint beneficial owners. The purpose of the arrangement was so that false benefit claims could be made to … Continue reading Tinsley v Milligan: HL 28 Jun 1993

HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012

In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended in the light of the case of ZH. Held: HH and PH’s appeals … Continue reading HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012

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

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

GH, Regina v: SC 22 Apr 2015

Appeal against conviction for entering into an arrangement for the retention of criminal funds. The defendant said that at the time of the arrangement there were not yet any criminal funds in existence. A had set up websites intending to con visitors selling non-existent cut price insurance. B opened bank accounts for A to be … Continue reading GH, Regina v: SC 22 Apr 2015

Regina v Jagdev: CACD 31 May 2002

The court was considering the terms of a confiscation order. It decided to postpone the decision beyond the six month limit. Questions had arisen about the apparent shift of the burden of proof. Two cases were due to be heard by the Court of Appeal which would affect the issue before the court. Held: The … Continue reading Regina v Jagdev: CACD 31 May 2002

Grant v The Queen: PC 16 Jan 2006

(Jamaica) The defendant appealed his conviction for murder saying that the admission of an unsworn statement by one witness and the non-admission of another similar statement who did not either attend court was unconstitutional. He shot the victim 13 times with hollow point bullets. He claimed self defence, and drove straight to the police station … Continue reading Grant v The Queen: PC 16 Jan 2006

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

Regina v Davis: HL 18 Jun 2008

The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, to testify should their identities be disclosed. He now said that … Continue reading Regina v Davis: HL 18 Jun 2008

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

Peacock, Re: SC 22 Feb 2012

The defendant had been convicted of drugs offences, and sentenced under the 1994 Act. The gains he had made exceeded his then assets. Later he acquired further property honestly, and the Court now considered whether those assets could be taken to cover the earlier shortfall, by allowing for them when issuing a certificate to increase … Continue reading Peacock, Re: SC 22 Feb 2012

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

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 McCready: CACD 14 Feb 2003

Conviction of offences of being concerned in the importation of controlled drugs, namely cocaine, ecstasy and amphetamine. McCready was sentenced to 18 years imprisonment. Complaint that no adjournment before confiscation order. . .

Ahsan v Carter: CA 28 Jul 2005

The claimant sought to assert race discrimination by the Labour Party in not selecting him as a political candidate. The defendant, chairman of the party appealed.
Held: A political party when selecting candidates was not acting as a . .

Regina v Emmett and Another: HL 16 Oct 1997

The defendants had been arrested as they unloaded four tons of cannabis from a boat.
Held: Their appeal against a confiscation order was allowed despite the acceptance of a statement when the acceptance had been based on a mistake of law or . .

Regina v Pisciotto: CACD 27 Jun 2002

The defendant was subject to a confiscation order. The judge had postponed the determination of the amount, but without specifying when it would take place.
Held: The requirement in the Act was mandatory. When deciding to postpone an . .