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
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
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 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
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Claim for compensation brought by the claimant under the 2002 Act alleging a serious default on the part of the police in not disclosing to the Crown Court when applying for a restraint order against him, the fact that he was an informant who had given valuable information against the very criminal whose assets he … Continue reading A v ACC: QBD 15 Feb 2017
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
The appeal raises, albeit in the context of the particular facts and circumstances of the case, questions as to the proper meaning and application of s.42(7) of the 2002 Act. The appellant says that the judge misapplied the statutory provisions and that her decision to discharge the Restraint Order was wrong. The respondent, on the … Continue reading Regina v S: CACD 17 Oct 2019
The Claimants claimed damages in a sum in excess of US$300,000,000 arising out of delays by the Defendant, their bankers, in executing four transfers from the Claimants’ account during the period September 2006 to March 2007 and the Defendant’s failure to explain the reasons for such delays. Judges: Supperstone J Citations: [2012] EWHC 1283 (QB), … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: QBD 16 May 2012
The court had allowed as exception to a criminal restraining order his reasonable living expenses. He sought an order allowing him to pay his legal aid contribution from those expenses. Held: The section allowed reasonable living expenses as an exemption, but did not allow payments of contributions as a condition of his grant of public … Continue reading In re M (Restraint order: Reasonable living expenses): CACD 22 May 2009
The applicant defendants sought to have excluded from the effect of restrictions on their dealing with property, property which was held under trusts. Held: The applications were rejected. There were well established rules allowing trustees indemnity in appropriate cases from the trust funds, and parliament had intended the 2002 Act to cover both personal and … Continue reading Assets Recovery Agency v Szepietowski and Others: ChD 19 Mar 2009
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 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
Judges: Lord Justice Toulson, Mr Justice Jack and Judge Michael Mettyear Citations: [2008] EWCA Crim 1740 Links: Bailii Statutes: Customs and Excise Management Act 1979 170(2), Proceeds of Crime Act 2002 79 Jurisdiction: England and Wales Cited by: Appeal from – Islam, Regina v HL 10-Jun-2009 The defendant appealed against a confiscation order saying that … Continue reading Islam, Regina v: CACD 31 Jul 2008
Judges: Walker J Citations: [2012] EWHC 2822 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Police Updated: 17 July 2022; Ref: scu.465724
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 lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the VAT on works carried out on his own property. Because of the delay which … Continue reading Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005
The defendant had been acquitted of criminal charges and had an order for costs made in his favour. The claimant pursued a civil recovery order. The defendant sought a variation of the interim order. Held: When considering such an application, the court should treat the issues as under property law so as to protect the … Continue reading Director of Assets Recovery Agency v Creaven and Others: QBD 8 Nov 2005
The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement. Held: In an action for breach of statutory duty the court can in appropriate circumstances make a restitutionary award, that … Continue reading Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007
No Waiver for disclosure of Advice EAT PRACTICE AND PROCEDURE: Admissibility of evidence The claimant sought disclosure of certain legal advice on the basis that its effect, and a summary of its contents, had been put before the court and therefore privilege was waived. The Tribunal rejected the application and the EAT held that they … Continue reading Brennan and others v Sunderland City Council Unison GMB: EAT 16 Dec 2008
Police had discovered quantities of stolen goods at the appellant’s business premises. He was convicted of receiving stolen goods, and confiscation order made. He now appealed from the inclusion in that order of sums of VAT which had already been accounted for to HMRC. Held: (Hughes and Toulson JJSC dissenting) The defendant’s appeal succeeded. Including … Continue reading Harvey, Regina v: SC 16 Dec 2015
The appellant challenged his sentence of 15 months’ imprisonment for possession of Criminal Property. King J [2015] EWCA Crim 1720 Bailii Proceeds of Crime Act 2002 329 England and Wales Criminal Sentencing Updated: 07 January 2022; Ref: scu.556386
The appellant appealed convictions for possession of criminal property contrary to section 329(1)(c) of POCA. The police found him with sums of cash which the prosecution said were the proceeds of crime. After the jury had retired, the jury asked a question whether the regular buying and selling of goods to supplement the household income … Continue reading Gabriel, Regina v: CACD 2 Feb 2006
The claimant’s husband had been made subject to a criminal confiscation order in the sum of pounds 5.5 million. She now sought to appeal an action against life policies in which she claimed a 50% interest. Held: Despite the finding that she had some awareness of her husband’s activities, the claimant was entitled to keep … Continue reading Gibson v Revenue and Customs Prosecution Office: CA 12 Jun 2008
The defendants appealed against orders requiring them to disclose documents in an action regarding the payment of bribes, saying that the requirement effectively required them to incriminate themselves. Held: The appeal failed. The public interest required that those alleged to be in the possession of property belonging to a third party should be allowed to … Continue reading Kensington International Ltd v Republic of Congo: CA 7 Nov 2007
The claimant challenged the legality of a search warrant and the method of its execution on his home. He complained that the police had ensured publicity for the execution of the warrant. Held: The obtaining of a search warrant is never to be treated as a formality. It authorises the invasion of a person’s home. … Continue reading Redknapp and Another v Commissioner of the City of London Police and Another: Admn 23 May 2008
The defendant had been convicted of drugs offences, and sentenced under the 1994 Act. The gains he had made exceeded his then assets. Later he acquired further property honestly, and the Court now considered whether those assets could be taken to cover the earlier shortfall, by allowing for them when issuing a certificate to increase … Continue reading Peacock, Re: SC 22 Feb 2012
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
Several defendants sought to appeal against convictions. They were public officials accused of having committed misconduct in public office in the sale of information relating to their work to journalists. The journalists were convicted of conspiracy with the public officials and aiding and abetting them to commit the offence. Held: The direction as to the … Continue reading ABC and Others, Regina v: CACD 26 Mar 2015
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
The court considered the proper approach for the court to adopt, and the proper orders for the court to make, in confiscation proceedings where a number of criminals (some of whom may not be before the court) had between them acquired property or money as a result of committing an offence for which all or … Continue reading Ahmad, Regina v: SC 18 Jun 2014
The defendant had pleaded to charges of possession of drugs with intent to supply. He was sentenced, but then the prosecutor was 14 months’ late serving its notice with regard to the confiscation order under section 16. The crown now appealed . .
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 . .
