Cash had been seized by the police under the 1984 Act. It was later seized also under the 2003 Act. The respondent said this was unlawful. Held: The forfeited money could be seized again under the 2003 Act. The 2002 Act allowed appropriate assets to be siezed at any time. Judges: Mittng J Citations: [2006] … Continue reading Merseyside Police v Hickman and Another: Admn 1 Mar 2006
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 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
The respondent had objected that the appointment of an interim receiver had been based upon information obtained in the course of investigations undertaken in connection with different proceedings and allegations. Held: The enforcement agency was not prevented from using such information in this way, and was entitled to a declaration accordingly. Judges: Mr Justice Silber … Continue reading Director of the Assets Recovery Agency v Szepietowski and others: Admn 29 Sep 2006
SCIT PROCEEDS OF CRIME – General Revenue function – Assessment to tax by Director – Whether Special Commissioners have the power to allow appeal on basis that qualifying conditions for exercise of Director’s Revenue functions are not satisfied – Yes – Whether article 6 ECHR applies to Director’s tax assessment – No – Whether retrospective … Continue reading Khan v Assets Recovery Agency: SCIT 23 Feb 2006
Appeal against a confiscation order made under the 2002 Act requiring consideration of the tainted gifts regime created by the 2002 Act. Judges: Davis LJ, Edis J, Field QC HHJ Citations: [2018] EWCA Crim 542, [2018] 4 WLR 134, [2018] Crim LR 581 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales … Continue reading Box, Regina v: CACD 15 Mar 2018
Appeal against a confiscation order Judges: avis LJ, Whipple DBE J, Patrick Field QC HHJ Citations: [2018] EWCA Crim 691 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Sentencing Updated: 14 May 2022; Ref: scu.624022
Davis LJ, Edis J, Judge Patrick Field QC [2018] EWCA Crim 682, [2018] Crim LR 586, [2018] Lloyd’s Rep FC 334, [2018] WLR(D) 201, [2018] 2 Cr App R (S) 27, [2018] 1 WLR 5060 Bailii, WLRD Proceeds of Crime Act 2002 77 78 England and Wales Criminal Sentencing Updated: 12 November 2021; Ref: scu.624020
