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
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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
Issue on the scope of section 298(2)(b) of the 2002 Act which section permits the court to forfeit cash which has been detained by a constable if the court is satisfied that this cash ‘is intended by any person for use in unlawful conduct’. Judges: Lord Justice Aikens Mr Justice Globe Citations: [2012] EWHC 2304 … Continue reading Begum v West Midlands Police: Admn 3 Jul 2012
The claimant had been called upon to repair an unoccupied flat damaged by fire. He found a metal box containing andpound;18,000 in cash. He took it to the police. He now resisted their assertion that this represented the proceeds of crime and should be forfeited. The former occupants were not suspected of any criminal activity. … Continue reading Fletcher v Leicestershire Constabulary: Admn 1 Nov 2013
The defendant appealed against a refusal of judicial review of an order that she forfeit a sum under the 2002 Act. 5,000 pounds in cash had been found at her house in a search for other matters. She had lied to the police about its provenance, but the court had found that there had been … Continue reading Harrison, Regina (on The Application of) v Birmingham Magistrate’s Court and Another: CA 25 Mar 2011
The Albanian claimant was found at Heathrow Airport with a ticket to Tirana and with over andpound;20,000 in cash in his baggage. The district judge held that the cash had been obtained through unlawful conduct and that it was therefore recoverable . .
This appeal raises issues as to what must be proved before a magistrates’ court can make an order for forfeiture of cash pursuant to section 298(2)(b) of the Proceeds of Crime Act 2002. Citations: [2019] EWHC 3316 (Admin) Links: Bailii Jurisdiction: England and Wales Magistrates, Criminal Practice Updated: 25 September 2022; Ref: scu.645827
The defendant had pleaded guilty to concealing criminal property. He was conditionally discharged but also made subject to a confiscation order. He appealed saying that one could not be made if only a conditional discharge was imposed. Held: The defendant’s appeal succeeded. The court examined the history of the conditional discharge provided by counsel, and … Continue reading Clarke v Regina: CACD 12 Jun 2009
The Commissioner sought judicial review (with permission) of an order made by Magistrates in effect that the police should release cash, which was the subject of a forfeiture application under section 298 of the Proceeds of Crime Act 2002, to the interested party to fund his criminal defence. Because the forfeiture proceedings were outstanding such … Continue reading Commissioner of Police for The City of London, Regina (on The Application of) v City of London Magistrates’ Court and Another: Admn 29 Apr 2015
Appeal brought by way of case stated from the decision of the Crown Court at Chelmsford on 1 March 2013 to uphold the decision of the Magistrates’ Court to order the forfeiture of a sum of andpound;6,500 pursuant to section 298 of the Proceeds of Crime Act 2002 Andrews J [2014] EWHC 462 (Admin) Bailii … Continue reading Nuro v The Home Office: Admn 7 Feb 2014
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, but equally refused to award the defendant her costs. She now appealed against the refusal to … Continue reading Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another: CA 4 Feb 2010
