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
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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 appellant appealed by case stated against an order for forfeiture of andpound;40,000 cash seized by the respondent on her entering the UK. The Crown Court, on appeal from the Magistrates Court, had found that that cash ‘may well have been’ the proceeds of money laundering or of income tax evasion, but it made no … Continue reading Angus v United Kingdom Border Agency: Admn 11 Mar 2011
Citations: [2004] EWHC 2862 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 294 Criminal Practice, Police Updated: 27 June 2022; Ref: scu.220536
The claimant challenged a decision to seize a sustantial sum of cash being carried by him whilst passing through London City Airport. In the magistrates court, the claimant had objected to the reliance on parts of a customs officer’s statement which he said was argument, and not fact. Held: The case had been a simple … Continue reading Wiese v The UK Border Agency: Admn 29 Jun 2012
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
23178/13 – Communicated Case, [2015] ECHR 168 Bailii European Convention on Human Rights, Proceeds of Crime Act 2002 Human Rights, Criminal Sentencing Updated: 28 December 2021; Ref: scu.542941
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
The court was asked whether the Financial Services Authority had itself the power to prosecute offences under the 2002 Act. The defence said that the FSA’s powers were limited to offences under the 2000 Act. The FSA relied on its common law power to bring a prosecution. Held: the FSA was not a statutory body, … Continue reading Rollins, Regina v: CACD 9 Oct 2009