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
Challenged to committal to prison for breach of order under the 2006 Act. Judges: Burnett LJ, Hickinbottom J Citations: [2015] EWHC 3476 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Sentencing Updated: 28 July 2022; Ref: scu.557131
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
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
Judges: Lady Wise Citations: [2017] ScotCS CSOH – 114 Links: Bailii Statutes: Proceeds of Crime Act 2002 128 Jurisdiction: Scotland Criminal Practice Updated: 29 March 2022; Ref: scu.593567
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
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
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
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
A criminal restraint order had been made against the defendant. He was alleged to have breached the order. The court considered whether the Crown Court had power to consider this as a complaint of contempt. Bean J [2008] EWCA Crim 1901, [2009] 1 WLR 1179 Bailii Proceeds of Crime Act 2002 England and Wales Crime, … Continue reading M, Regina v: CACD 14 Aug 2008
The defendants, scrap metal merchants, appealed against convictions for attemption to deal in stolen metals. The court was asked as to the mental element required for criminal attempt under section 1 of the 1981. The context here was an accusation of concealing, disguising or converting criminal property contrary to s.327(l) of the 2002 Act, under … Continue reading Pace and Another v Regina: CACD 18 Feb 2014
appeal against a confiscation order under section 6 of the Proceeds of Crime Act 2002 Mr Justice Lewis [2014] EWCA Crim 1312 Bailii England and Wales Criminal Sentencing Updated: 22 November 2021; Ref: scu.533799
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
SCS Outer House – (i) The petitioners are the enforcement authority for Scotland for the purposes of part 5 of the Proceeds of Crime Act 2002. They sought, and were granted, a disclosure order in terms of section 391 of that Act, averring that certain property of which the respondent has knowledge was the subject … Continue reading In The Petition Scottish Ministers for A Disclosure Order In Respect of AM: SCS 19 Aug 2014
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 court had made each of 16 defendants liable for the full … Continue reading May, Regina v: HL 14 May 2008
The claimants faced criminal charges involving allegations of fraud and corruption. They now challenged by judicial review a search and seizure warrant saying that it was unlawful. A restraint order had been made against them and they had complied with it and co-operated with the investigation, and they said that the strict conditions for an … Continue reading Mills and Another, Regina (on The Application of) v Sussex Police and Another: Admn 25 Jul 2014
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 convicted of having misled the first lender in his application. The judge … Continue reading Waya, Regina v: SC 14 Nov 2012
Costs of Wrongly Appointed Receiver ‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of … Continue reading Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014
The defendant appealed against an order regarding the remuneration of a receiver appointed to administer a restraint order placed on the assets of the defendant under the 1988 Act on the basis of an allegation that the defendant had been involved in . .
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The RCPO appealed against refusal of permission to continue their application for a confiscation order. The defendant had been convicted of conspiracy to supply class A drugs, but said that the application was now out of time. Held: The appeal failed. Where a confiscation order application was to be made outside the two year time … Continue reading Regina v Iqbal; Revenue and Customs Prosecution Office (RCPO) v Iqbal: CACD 3 Feb 2010
The Court heard an interim application to decide whether an appeal to the Supreme Court existed under the 2002 Act. A restraint order had been made as to the appellants assets. Held: The statutory provisions substituting the Supreme Court for the House of Lords had omitted to deal with the 2005 Order appeal provisions. Leave … Continue reading Stanford International Bank Ltd v Director of The Serious Fraud Office: SC 15 Feb 2012
The CPS was asked to provide information about its civil recovery functions under the Proceeds of Crime Act 2002. It refused, citing the exemption at section 35(1)(a) of the Freedom of Information Act 2000. The Commissioner concluded that whilst section 35(1)(a) was engaged by the information, the public interest did not support withholding the information … Continue reading Crown Prosecution Service (Decision Notice): ICO 28 Jun 2010
The court was asked whether a breach of an order under section 41 of the 2002 Act was a civil or a criminal contempt of court. The defendant had fled to the US to avoid complying with restraint orders on being investigated for financial fraud. He had been found guilty of contempt after fleeing. Held: … Continue reading OB v The Director of The Serious Fraud Office: CACD 1 Feb 2012
The court considered the circumstances under which it might exercise its jurisdiction to prevent an abuse of process in confiscation proceedings. The circumstances where a confiscation might be oppressive are: ‘where demonstrably (i) the defendant’s crimes are limited to offences causing loss to one or more identifiable loser(s), (ii) his benefit is limited to those … Continue reading Morgan v Regina; Bygrave v Regina: CACD 20 Jun 2008
Citations: [2011] EWCA Crim 146, [2011] 1 Cr App Rep 37, [2011] Lloyd’s Rep FC 316 Links: Bailii Statutes: Proceeds of Crime Act 2002 328 Jurisdiction: England and Wales Criminal Sentencing Updated: 01 September 2022; Ref: scu.428636
The defendants appealed against confiscation orders made after a finding that they had been involved (separately) in the smuggling of tobacco, suggesting a conflict between the 1992 Regulations and the Directive. Held: The appeals variously failed and succeeded according to their facts. A person obtains a pecuniary advantage by evading duty or VAT even though … Continue reading White and Others v Regina: CACD 5 May 2010
Nelson had been found possessing a stolen digger worth andpound;14,000. It was returned to the owner. He was to receive andpound;1,000 for supplying documents for it. Pathak used monet stolen from his employers to purchase property, but had repaid the money stolen. The property was ordered to be confiscated. Paulet as an immigrant had worked … Continue reading Crown Prosecution Service (Durham) v Nelson; CPS v Pathak; CPS v Paulet: CACD 28 Jul 2009
The defendant appealed against a confiscation order saying that it should not have been set at values which reflected the black market value of the drugs he had imported. Held: The appeal failed. The court could take account of the illegal market value of drugs when setting the amount of a confiscation order. (Lord Walker … Continue reading Islam, Regina v: HL 10 Jun 2009
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
Citations: [2005] NIQB 67 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: Northern Ireland Criminal Sentencing Updated: 14 July 2022; Ref: scu.231297
The defendant had been convicted of offences in which he had operated to purchase companies and use false debentures to evade corporation tax. Compensation had been sought under the 1988 Act. It was argued that the confiscation order should be quashed because the defendant had not benefitted as alleged. Held: The appeals failed. The court … Continue reading Regina v Stannard: CACD 1 Nov 2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005
The parties had applied to be married. S was a European citizen, and the intended groom was an overstayer from Pakistan. They were refused a licence, and taken into custody, and now appealed against refusal of a licence. Held: The appeal succeeded. It was for the Home Office to prove what it asserted: ‘One of … Continue reading Sadovska and Another v Secretary of State for The Home Department: SC 26 Jul 2017
Judges: Richards LJ, Openshaw J, Stephens QC J Citations: [2008] 2 Cr App Rep 15, [2008] 1 WLR 2113, [2008] Lloyd’s Rep FC 206, [2008] 2 Cr App R (S) 80, [2008] 3 All ER 315, [2008] WLR 2113, [2008] Crim LR 650, 200606278-B5, [2008] EWCA Crim 239 Links: Bailii Statutes: Proceeds of Crime Act … Continue reading CPS Nottinghamshire v Rose: CACD 21 Feb 2008
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
Davis LJ, Lang DBE, Patterson DBE JJ [2015] EWCA Crim 1731, [2016] 1 WLR 1400, [2016] 1 Cr App R (S) 41, [2016] Lloyd’s Rep FC 21, [2016] Crim LR 12, [2016] Crim LR 127 Bailii Proceeds of Crime Act 2002 England and Wales Criminal Sentencing Updated: 05 January 2022; Ref: scu.554245
The appellants challenged decisions of the VAT and Duties Tribunal after seizure of their goods, and in particular whether the cases had been criminal or civil cases and following Roth, whether the respondent’s policy had been lawful and proportionate. Held: The present procedure does not involve the criminal courts and the absence of any criminal … Continue reading Gora and others v Commissioners of Customs and Excise and others: CA 11 Apr 2003
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
Money laundering suspicion to be explained The customer sought to sue his bank for failing to meet his cheque. The bank sought to rely on the 2002 Act, having reported suspicious activity on freezing the account. He now appealed against summary judgment given for the bank which had refused to explain why it had made … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: CA 4 Feb 2010
Rejection of Submission of No Case to Answer The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction. Held: Lord Lane LCJ said: ‘How then should the judge approach a submission … Continue reading Regina v Galbraith: CCA 1981
The applicant suffered mutiple sclerosis and considered that she might wish to go abroad to end her life. She asked the court to make more clear the guidance provided by the Director as to whether her partner might be prosecuted under section 2(1) if he accompanied her to Switzerland. She said that the failure to … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions and Another: QBD 29 Oct 2008
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
The defendants had been convicted of offences of failing to comply with planning enforcement notices (and fined andpound;10.00), and subsequently made subject to criminal confiscation orders. The orders had been made in respect of the gross income receipts of the business, limited to andpound;760,000. The defendants said that the activities had been otherwise lawful and … Continue reading Basso and Another v Regina: CACD 19 May 2010
The defendant appealed against a confiscation order, alleging abuse of process by the prosecution. He had transferred land from the company just before it went into liquidation, and admitted the offence under the 1986 Act. He complained that the liquidator having recovered the land the further confiscation action was an abuse. Held: The transfer had … Continue reading Berr, Regina (on the Prosecution of) v Lowe: CACD 17 Feb 2009
The appellants complained that the recovery order made against them in part under the transitional provisions were unlawful. They had claimed benefits as single people but were married to each other and for a house not occupied. The difficulty was . .
The appellant challenged a confiscation order made on his conviction of VAT fraud. It was argued that one could not be made unless a proper notice had been given, and none of the offences occurred before 1995. On the assumption that section 1 of the . .
Whether fresh evidence from forensic consultant psychiatrists should be admitted; and if so, whether the fresh evidence shows that the appellant, was not fit to plead when a confiscation order was made pursuant to the provisions of the Proceeds of . .
