Citations: [2020] EWCA Crim 1345, [2020] WLR(D) 611, [2021] 4 WLR 19 Links: Bailii, WLRD Statutes: Proceeds of Crime Act 2002 10A Jurisdiction: England and Wales Criminal Sentencing Updated: 25 September 2022; Ref: scu.655473
Citations: [2004] NIQB 21, [2004] 3 BNIL 23 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: Northern Ireland Legal Professions Updated: 21 July 2022; Ref: scu.195154
Citations: [2006] NIQB 50 Links: Bailii Statutes: Proceeds of Crime Act 2002 Northern Ireland, Criminal Sentencing Updated: 07 July 2022; Ref: scu.243186
Citations: [2017] ScotHC HCJ – 89 Links: Bailii Jurisdiction: Scotland Criminal Sentencing Updated: 04 April 2022; Ref: scu.604180
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
Claim for Civil Recovery Order Citations: [2020] EWHC 1242 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 243 266 Jurisdiction: England and Wales Criminal Practice Updated: 06 December 2022; Ref: scu.651229
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
The appellant had been convicted of causing death by careless driving with excess alcohol. He said that he had taken alcohol after stopping driving but before being tested. He challenged the weight of the burden of proof ascribed by the statute. The judge had directed the jury that he faced a persuasive burden of establishing … Continue reading Drummond v Regina: CACD 7 Mar 2002
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
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
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
Order for costs after rejection of challenge to Order under the 2002 Act. Judges: Edis J Citations: [2016] EWHC 728 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Crime, Costs Updated: 24 October 2022; Ref: scu.562135
Judges: Andrews DBE J Citations: [2014] EWHC 3573 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 243(1) Jurisdiction: England and Wales Criminal Practice Updated: 22 October 2022; Ref: scu.538210
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
Claim for civil recovery against interest in jointly owned property. Judges: Simon J Citations: [2012] EWHC 429 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 243 266 Criminal Sentencing Updated: 05 October 2022; Ref: scu.451794
Judges: Blake J Citations: [2010] EWHC 353 (QB), [2010] WTLR 875 Links: Bailii Statutes: Proceeds of Crime Act 2002 243 266 Jurisdiction: England and Wales Criminal Practice Updated: 04 October 2022; Ref: scu.402609
The claimant sought civil recovery against the third defendant and those said to be assisting him by holding property on his behalf. Judges: Kenneth Parker J Citations: [2011] EWHC 3332 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 243(1) Jurisdiction: England and Wales Administrative Updated: 04 October 2022; Ref: scu.450081
Judges: Sweeney J Citations: [2011] EWHC 175 (QB), [2011] Lloyd’s Rep FC 276 Links: Bailii Statutes: Proceeds of Crime Act 2002 Criminal Practice Updated: 20 September 2022; Ref: scu.444869
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
Judges: Mr Justice Males Citations: [2013] EWHC 1200 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 266 Jurisdiction: England and Wales Criminal Sentencing Updated: 15 September 2022; Ref: scu.509118
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
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
The Director sought civil recovery orders from the defendants. Judges: Burnett J Citations: [2008] EWHC 2535 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Practice Updated: 22 August 2022; Ref: scu.277297
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
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
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
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
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
Citations: [2009] EWHC 3684 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 243 266 Jurisdiction: England and Wales Criminal Practice Updated: 05 August 2022; Ref: scu.377832
The claimant sought a civil recovery order against the defendant. Drug traces had been found at a property owned by him, but no prosecution followed. Judges: Hamblen J Citations: [2009] EWHC 2307 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Crime Updated: 04 August 2022; Ref: scu.375579
Judges: Holdroyde J Citations: [2009] EWHC 610 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 Criminal Practice Updated: 24 July 2022; Ref: scu.341184
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
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
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
Appeal against an order refusing to vary a restraint and disclosure order made under the Criminal Justice Act 1988 by the deletion of a paragraph from it. The restraint order was made in the usual form on application and undertakings by HM Customs and Excise, on the basis that the appellant was involved in laundering … Continue reading In re Jackson: CA 15 Apr 2002
The defendant appealed a refusal of a certificate of inadequacy to an amount due under a confiscation order, saying that the court had wrongly allowed for the value of a consultancy agreement under which he was entitled to receive an annual fee for his services. Held: The value of the contract was not realisable property … Continue reading In the Matter of Christopher Adams, In the Matter of the Criminal Justice Act 1988: Admn 26 Nov 2004
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
Save in cases involving children and ancillary and other situations requiring it, cases in the family division were not inherently private. The appellant failed to obtain an order that details of an action under the section should not be disclosed by the media. Held: The description of the law at first instance was too wide … Continue reading Allan v Clibbery (1): CA 30 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
The Agency sought a civil recovery order under the 2002 Act. Judges: Silber J Citations: [2011] EWHC 4100 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Sentencing Updated: 04 June 2022; Ref: scu.536537
First grant of unexplained wealth order Judges: Supperstone J Citations: [2018] EWHC 2534 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 362A Jurisdiction: England and Wales Criminal Practice Updated: 30 May 2022; Ref: scu.625907
Concerning application for unexplained wealth order. Judges: Supperstone J Citations: [2018] EWHC 2603 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 362A Jurisdiction: England and Wales Litigation Practice, Criminal Practice Updated: 30 May 2022; Ref: scu.625908
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
The first defendant’s bankers had heard of his conviction for fraud in Israel and had notified his and associated bank accounts to SOCA. He now appealed against ex parte world wide asset freezing (PFO) and disclosure orders (DO) made againt him. The PFO appellants sought an order varying the property freezing order so as, inter … Continue reading Serious Organised Crime Agency v Perry: Admn 28 Jun 2010
The court was asked whether and, if so, in what circumstances the court may make orders for interim relief which cut across and in effect disapply the consent regime under the 2002 Act. Judges: Simon, Hambles, Hickinbottom LJJ Citations: [2017] EWCA Civ 253, [2017] WLR(D) 255 Links: Bailii, WLRD Statutes: Proceeds of Crime Act 2002 … Continue reading The National Crime Agency v N and Another: CA 7 Apr 2017
FTTTx Income Tax – Proceeds of Crime Act 2002 – application by Appellants to stay proceedings in appeals against assessments and penalty determinations on grounds of lack of resources due to subjection of their properties to civil recovery proceedings – held, availability of resources not relevant to issues to be determined in substantive hearing or … Continue reading Peries and Another v The Serious Organised Crime Agency: FTTTx 20 Oct 2011
Applications relating to asset freezing orders. Collins J [2016] EWHC 1911 (Admin) Bailii Proceeds of Crime Act 2002 England and Wales Criminal Practice Updated: 20 January 2022; Ref: scu.567655
The NCA had applied for disclosure in the course of a money laundering investigation. It now appealed from a refusal to extend the order to bank accounts subject to account freezing orders made previously in course of frozen funds investigation by police. Consideration of the meaning and ambit of s.357(2) of the Proceeds of Crime … Continue reading Re National Crime Agency: Admn 12 Feb 2020
The three Applicants sought to set aside orders which granted the National Crime Agency a Property Freezing Order and a Disclosure Order against each of them and six other Respondents. McGowan J [2016] EWHC 899 (Admin) Bailii Proceeds of Crime Act 2002 Criminal Practice Updated: 14 January 2022; Ref: scu.562907
Applications for discharge of orders under the 2002 Act. Edis J [2016] EWHC 255 (Admin) Bailii Proceeds of Crime Act 2002 England and Wales Criminal Practice Updated: 10 January 2022; Ref: scu.560247
‘This appeal concerns the competing rights of (1) the National Crime Agency (‘the NCA’) to obtain a civil recovery order (‘a CRO’) under Part 5 of the Proceeds of Crime Act 2002 (‘POCA’) in respect of property derived from unlawful conduct and (2) a wholly innocent former wife of the criminal, who would be left … Continue reading Sanam v National Crime Agency: CA 2 Dec 2015
FTTTX INCOME TAX – preliminary issues – assumption of revenue functions by SOCA – civil recovery proceedings under Proceeds of Crime Act 2002 – compromise agreement – whether compromise extended to tax liabilities – whether assessments otherwise invalid by reason of abuse of process [2013] UKFTT 654 (TC) Bailii England and Wales Income Tax Updated: … Continue reading Pepper v Serious Organised Crime Agency: FTTTx 11 Oct 2013
Application for recovery orders. Sir Raymond Jack [2013] EWHC 627 (QB) Bailii Proceeds of Crime Act 2002 England and Wales Criminal Sentencing Updated: 31 December 2021; Ref: scu.471941
Applications were made in relation to payment of legal fees in proceeds of crime recovery proceedings Globe J [2013] EWHC 1480 (QB) Bailii Proceeds of Crime Act 2002 England and Wales Criminal Practice Updated: 31 December 2021; Ref: scu.510164
The respondents sought to have set aside a world wide asset freezing and associated orders obtained by SOCA against them. They said that the Court had no jurisdiction over them, and that the Agency was guilty of wilful non-disclosure. They first respondent had been convicted in Israel of offences of dishonesty. Foskett J [2009] EWHC … Continue reading Serious Organised Crime Agency v Perry and Others: Admn 30 Jul 2009
Appeal by case stated against forfeiture order. Griffith William HHJ [2012] EWHC 2737 (QB), [2013] 1 WLR 1433, [2013] Lloyd’s Rep FC 228 Bailii Proceeds of Crime Act 2002 298 England and Wales Criminal Sentencing Updated: 31 December 2021; Ref: scu.519782
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
The first appellant had been convicted of substantial frauds in Israel. He appealed against world wide asset freezing (PFO) and disclosure (DO) orders made against him. Neither the appellant, nor his offences were connected with the UK. A bank account within the UK had been disclosed. Held: The appeals succeeded (Judge and Clarke dissenting). The … Continue reading Perry and Others v Serious Organised Crime Agency: SC 25 Jul 2012
Challenge to civil recovery order Lord Justice Mummery, Lord Justice Richards, And, Lord Justice Leveson [2013] EWCA Civ 518 Bailii Proceeds of Crime Act 2002 England and Wales Criminal Sentencing Updated: 31 December 2021; Ref: scu.509313
Challenge to production order. Bean LJ, Hickinbottom J [2015] EWHC 1284 (Admin) Bailii Proceeds of Crime Act 2002 345(1) Criminal Practice Updated: 30 December 2021; Ref: scu.546764
The National Crime Agency pursued claims against the defendants under the 2002 Act for a Civil Recovery Order in respect of seven properties, four bank accounts, and a Rolex watch. Coulson J [2015] EWHC 1299 (QB) Bailii Proceeds of Crime Act 2002 243(1) Criminal Sentencing Updated: 30 December 2021; Ref: scu.546437
Application for a recovery order [2019] EWHC 10 (QB) Bailii Proceeds of Crime Act 2002 266 England and Wales Criminal Sentencing Updated: 27 December 2021; Ref: scu.632202
FTTTx INCOME TAX – Proceeds of Crime Act 2002 – whether qualifying condition met for NCA to carry out general Revenue functions in relation to Appellant – yes – discovery assessments under s 29 TMA 1970 – whether the conditions for such assessments met – yes – whether within time limits – yes – on … Continue reading Lynch v National Crime Agency: FTTTx 9 Dec 2014
The claimant challenged a planning permission for a substantial development, and in particular the terms of the associated section 106 agreement. The claimant was concerened that the terms might allow a sufficient development to required additional resources from the claimant without making a sufficiently unconditional commitment for financial support. Held: The request for judicial review … Continue reading Police and Crime Commissioner for Leicestershire, Regina (on The Application of) v Hallam Land Management Ltd and Others: Admn 27 May 2014
FTTTx INCOME TAX AND NICs – tax assessments and penalty assessments – whether SOCA had reasonable grounds to suspect income accruing to appellant due to criminal conduct so that s. 317(1)(a) Proceeds of Crime Act 2002 applied giving it jurisdiction – yes – whether tax assessments for 2004/05 and 2005/06 raised timeously – yes – … Continue reading Fenech v Serious Organised Crime Agency: FTTTx 10 Oct 2013
Appeal from property freezing order. Llloyd, Moore-Bick, McFarlane LJJ [2013] EWCA Civ 970, [2013] WLR(D) 327, [2013] CP Rep 47, [2013] 1 WLR 3800, [2014] 1 All ER 206, [2013] Lloyd’s Rep FC 513 Bailii, WLRD Proceeds of Crime Act 2002 243 England and Wales Criminal Sentencing Updated: 18 November 2021; Ref: scu.514249
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
Application for leave to appeal against refusal of leave to bring judicial review of a decision of the respondent agency. Leave to appeal was granted, but the matter was returned to the administrative court for review. Ward LJ, Sedley LJ, Hooper LJ [2007] EWCA Civ 375, [2008] 1 All ER 465 Bailii Proceeds of Crime … Continue reading UMBS Online, Regina (on the Application Of) v Serious Organised Crime Agency: CA 21 Mar 2007
The court was asked whether, as second mortgagee on the defendant’s properties, the claimant agency had the equitable power of marshalling of prior charges. The first chargee had charges over two properties, and sold the first, satisfying it debt, but leaving the Agency with no effective return. The bank’s same debts had also been secured … Continue reading Serious Organised Crime Agency v Szepietowski and Others: ChD 15 Oct 2010
Application of the Proceeds of Crime Act 2002 (POCA) to these long-running human trafficking and modern slavery cases in respect of two of the convicted defendants. . .
The applicant appealed against a recovery order made under the act against his assets. His conviction had been set aside as unsafe. . .
Claim by the National Crime Agency brought under s. 243 of the Proceeds of Crime Act 2002 (‘POCA’). Under Part 5 of POCA, s. 266, the NCA is enabled to recover property which is, or represents, property obtained through unlawful conduct. The NCA . .
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Point on the operation of the Proceeds of Crime Act 2002 with regard to the application of the assumptions arising under section 10 in the context of the criminal lifestyle provisions. . .
Sentence without Counsel unlawful – Legal Aid Challenge to the lawfulness of the immediate custodial sentence imposed on the appellant in the absence of counsel to represent her in court, in circumstances where counsel had refused to attend court in support of the Criminal Bar Association (CBA) days of action. In addition, it is said … Continue reading Nguyen, Rex v: CACD 4 Nov 2022
Judges: Mr Justice Supperstone Citations: [2012] EWHC 1855 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Citing: See Also – Shah and Another v HSBC Private Bank (UK) Ltd QBD 26-Jan-2009 The claimants sought damages after delays by the bank in processing transfer requests. The bank said that the delays … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: QBD 5 Jul 2012
Judges: Pill, Munby, Lewison LJJ Citations: [2011] EWCA Civ 1154, [2012] Lloyd’s Rep FC 105 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Citing: See Also – Shah and Another v HSBC Private Bank (UK) Ltd QBD 26-Jan-2009 The claimants sought damages after delays by the bank in processing transfer requests. … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: CA 13 Oct 2011
Citations: [2007] EWHC 978 (Admin), 172 JP 57, [2007] 1 WLR 2944 Links: Bailii Statutes: Proceeds of Crime Act 2002 329(1)(c) Jurisdiction: England and Wales Crime Updated: 09 December 2022; Ref: scu.251782
Use of section 22 to increase confiscation order. Judges: The Recorder of London Citations: [2020] EWCA Crim 768 Links: Bailii Statutes: Proceeds of Crime Act 2002 22 Jurisdiction: England and Wales Criminal Sentencing Updated: 06 December 2022; Ref: scu.651732
Police had seized substantial sums of cash from the first defendant acting under the 2004 Act. The claimant said that andpound;250,00 was his and sought its return. The Commissioner argued that the current proceedings were an abuse of process. Held: Forfeiture proceedings were now under way, and any release must await the result. The question … Continue reading Capper v Chaney and Another: ChD 8 Jul 2010
Prosecutor’s appeal – whether funds paid into bank accounts represented proceeds of advanced fee frauds. Citations: [2007] EWHC 1304 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002, Criminal Justice Act 1988 Jurisdiction: England and Wales Crime Updated: 06 December 2022; Ref: scu.253665
The claimants sought to have set aside search and seizure warrants obtained to further enquiries into suspected breaches of EU sanctions against ZANU-PF of Zimbabwe. They alleged non-disclosure and misrepresentation. Held: A decision to claim on public interest grounds to withhold information placed before a magistrate to obtain a warrant should be taken by a … Continue reading Golfrate Property Management Ltd and Another, Regina (on The Application of) v The Crown Court At Southwark and Another: Admn 25 Mar 2014
Appeal against sentence presents a challenge which is restricted to the term of imprisonment imposed in default of payment of a confiscation order made under the Proceeds of Crime Act 2002. Citations: [2006] EWCA Crim 2806 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 04 December 2022; Ref: scu.331128
The prosecutor appealed a finding that the proceeds of cheating the revenue were not the proceeds of crime within the 2002 Act. Held: The appeal succeeded. The case was different from Galbraith in that there was a clear finding of a cheat. The fact that the original earnings were obtained by a legitimate trade did … Continue reading IK, Regina v: CACD 8 Mar 2007
Prosecutor’s appeal as to terms of confiscation order Citations: [2021] EWCA Crim 543 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Citing: See Also – The London Borough of Barnet v Kamyab CACD 27-Jul-2021 . . Lists of cited by and citing cases may be incomplete. Criminal Sentencing Updated: 01 December … Continue reading London Borough of Barnet v Kamyab: CACD 15 Apr 2021
Citations: [2013] EWCA Crim 1865 Links: Bailii Statutes: Proceeds of Crime Act 2002 327(1) 329(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 30 November 2022; Ref: scu.518567
Conviction of two counts of converting criminal property contrary to section 327 of the Proceeds of Crime Act 2002, and to three counts of possession of criminal property contrary to section 329 of the same Act. He was also convicted of one count of engaging in the provision of unlicensed personal credit agreements contrary to … Continue reading Linegar, Regina v: CACD 12 Mar 2009
Renewed application for permission to appeal against order under the 2002 Act. Citations: [2005] EWCA Civ 334 Links: Bailii Statutes: Proceeds of Crime Act 2002 243 266 Jurisdiction: England and Wales Crime Updated: 24 November 2022; Ref: scu.245862
The defendant had been convicted of a mortgage style fraud in 2013, and confiscation orders made. He now sought to appeal out of time. Held: ‘ it would be contrary to the good administration of justice to grant so lengthy an extension of time as now sought – an extension for which no real reason … Continue reading Yaxley-Lennon, Regina v: CACD 14 Feb 2018
The prosecutor appealed from a terminal ruling, acceding to a submission of no case to answer advanced on behalf of all four defendants.Proof to the criminal standard can be discharged by circumstantial evidence and then by inference: ‘No doubt, if such an inference is prima facie there to be drawn, an evidential burden is cast … Continue reading NW and Others, Regina v: CACD 23 Jan 2008
Defendant’s application notice seeking an order that Mr Parvizi’s claim should be struck out as disclosing no reasonable grounds of bringing the claim and, alternatively, for summary judgment. Citations: [2014] EWHC B2 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Banking Updated: 22 November 2022; Ref: scu.536539
An application had been made under section 298 of the 2002 Act for the forfeiture of cash. The application had been dismissed by the magistrates’ court, but they also refused order the defendant’s costs. The police appealed to the Crown Court against the magistrates’ refusal to make a forfeiture order. Their appeal was dismissed, but … Continue reading Orton v Truro Crown Court and Another: Admn 21 Jan 2009
Judges: Lord Justice Popplewell Mr Justice Goose Mr Justice Hilliard Citations: [2020] EWCA Crim 1009 Links: Bailii Statutes: Proceeds of Crime Act 2002 327 Jurisdiction: England and Wales Crime Updated: 19 November 2022; Ref: scu.682453
The claimant appealed against the refusal of the return of money seized from him by the respondent’s officers under the 2002 Act. The magistrates had declined jurisdiction saying that the complaint was out of time. The claimant said that his request was neither a complaint nor an information so as to fall foul of the … Continue reading Davis v Leicestershire Constabulary: Admn 18 Jul 2012
Judges: Lord Justice Gross Mrs Justice Lang DBE And Mr Justice Phillips Citations: [2018] EWCA Crim 3017 Links: Bailii Statutes: Proceeds of Crime Act 2002 329(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 10 November 2022; Ref: scu.682131
Citations: [2012] ScotCS CSOH – 166 Links: Bailii Jurisdiction: Scotland Citing: See Also – Scottish Ministers v Stirton and Another SCS 5-Feb-2008 Application for an interim administration order in terms of the Proceeds of Crime Act 2002 and for warrant for inhibition and arrestment . . See Also – Scottish Ministers v Stirton and Another … Continue reading Scottish Ministers, Re Stirton and Another: SCS 17 Oct 2012
‘application by the CPS for permission to appeal against . . orders made . . in the Central Criminal Court on 8 May 2012. I use the expression ‘in form’ because as will appear there are issues as to the jurisdiction of the court. The case raises important questions as to the right of a … Continue reading Crown Prosecution Service v The Eastenders Group and Another: CACD 23 Nov 2012
Calculation of benefit under the Proceeds of Crime Act 2002 Citations: [2009] EWCA Crim 1737, [2010] 1 Cr App R (S) 73 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 21 October 2022; Ref: scu.425513
Appeal from conviction of entering into or becoming concerned in a money laundering arrangement, contrary to section 328 of the Proceeds of Crime Act 2002. Citations: [2020] EWCA Crim 47 Links: Bailii Jurisdiction: England and Wales Crime Updated: 20 October 2022; Ref: scu.647066
Judges: The Hon Mr Justice Coulson Citations: [2013] EWHC 4015 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Sentencing Updated: 19 October 2022; Ref: scu.519984
