The claimants sought review of a decision of the Serious Organised Crime Agency to seize documents which have been the subject of the unlawful execution of a search warrant, purporting to act for this record seizure under section 19 of the Police and Criminal Evidence Act 1984. SOCA, with identical powers to those of the … Continue reading Cook and Another v Serious Organised Crime Agency: Admn 27 Jul 2010
Claim for civil recovery against interest in jointly owned property. Judges: Simon J Citations: [2012] EWHC 429 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 243 266 Criminal Sentencing Updated: 05 October 2022; Ref: scu.451794
The claimant sought a civil recovery order against the defendant. Drug traces had been found at a property owned by him, but no prosecution followed. Judges: Hamblen J Citations: [2009] EWHC 2307 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Crime Updated: 04 August 2022; Ref: scu.375579
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
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
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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 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
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
The defendant appealed against a confiscation order made on his conviction for possession of a Class B controlled drug. There had been considerable delays in the completion of the process, and it had exceeded the two year limit. The appellant argued that exceptional circumstances had not existed. The court had, of its own motion, adjourned … Continue reading Regina v Johal: CACD 19 Apr 2013
The defendant appealed against a confiscation order made on his plea to charges of possession of drugs with intent to supply. The Crown had served its statement under section 16 of the 2002 Act, but it was 14 months’ late. Judges: Jackson LJ, Mitting, Jay JJ Citations: [2015] EWCA Crim 305, [2015] 1 WLR 4149, … Continue reading Guraj, Regina v: CACD 6 Mar 2015
The defendant appealed against the making of a confiscation order, saying that the court had erred in the procedure for forfeiting drugs. Held: The appeal failed. The section contained an express prohibition against making both a forfeiture and a confiscation order. However the object of the act should not be frustrated by the erroneous imposition … Continue reading Regina v Donohoe: CACD 28 Jul 2006
The first respondent applied for the freezing and receiving orders in relation to two properties and chattels obtained by the first respondent under the 2002 Act to be discharged on the footing that the Agency Director has not shown that she has a good arguable case that the property is, or includes, recoverable property as … Continue reading Szepietowski v Assets Recovery Agency: Admn 28 Nov 2006
This is an application for judicial review of a search and seizure warrant granted under the Proceeds of Crime Act 2002 on the grounds that there was material non-disclosure by the police in applying for the warrant. Judges: Lord Justice Bean Mr Justice Sweeting Citations: [2022] EWHC 1736 (Admin) Links: Bailii Jurisdiction: England and Wales … Continue reading Durojaiye, Regina (on The Application of) v Crown Court At Croydon: Admn 6 Jul 2022
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 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
‘This appeal raises issues of principle as to the scope of living and legal expenditure which should be permitted by restraint orders granted pursuant to s. 41 Proceeds of Crime Act 2002 ‘ Judges: Lord Justice Popplewell Citations: [2020] EWCA Crim 1579 Links: Bailii Statutes: Proceeds of Crime Act 2002 41(4) Jurisdiction: England and Wales … Continue reading Luckhurst, Regina v: CACD 24 Nov 2020
Judges: Lord Hodge, Deputy President Lord Kitchin Lord Hamblen Lord Burrows Lord Stephens Citations: [2022] UKSC 23 Links: Bailii, Bailii Summary, Bailii Issues/Facts Jurisdiction: England and Wales Citing: Appeal from – Luckhurst, Regina v CACD 24-Nov-2020 ‘This appeal raises issues of principle as to the scope of living and legal expenditure which should be permitted … Continue reading Luckhurst, Regina v: SC 20 Jul 2022
The solicitors had been paid funds on account of their fees in defending the client. By the time a freezing order was made under the 2002 Act in respect of his assets, the firm’s fees exceeded the amount held. The court was asked what was to happen to the funds. The solicitors had not yet … Continue reading Irwin Mitchell v Revenue and Customs Prosecutions Office and Allad: CACD 30 Jul 2008
The solicitors had held andpound;5,000 on account of their fees for representing the defendant when he later became subject to a criminal restraint order. They wrote to the respondents saying that they intended to transfer the fees to satisfy their interim account. The respondents refused. The judge had refused to vary the order. Held: The … Continue reading Irwin Mitchell (a Firm) v Revenue and Customs Prosecutions Office and Another: CACD 30 Jul 2008
The defendant faced allegations of evading duty on the importing of substantial quantities of cigarettes. A confiscation order was made. HMRC appealed saying it was too small a sum. Held: ‘the liability of a smuggler who evades duty which he becomes liable to pay on importation is a pecuniary advantage obtained rendering him liable to … Continue reading Bakewell, Regina v: CACD 11 Jan 2006
A cash sum of andpound;87,000 was transferred. The defendants appealed against a ruling under the 1996 Act, saying that at the time of its transfer, the property did not represent criminal property under the Act. Held: The pre-conditions for holding a preliminary hearing under the 1996 Act had not applied, and the appeal should not … Continue reading Regina v L, G etc: CACD 17 Jun 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
Where, as in common practice, the court proceeds to sentence before the confiscation proceedings under section 6 are held, the duty of the court to proceed under section 6 remains alive. Judges: Pill LJ, Dobbs, Lloyd Jones JJ Citations: [2008] 1 Cr App R (S) 279, [2007] EWCA Crim 1577 Links: Bailii Statutes: Proceeds of … Continue reading Hockey, Regina v: CACD 12 Jun 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
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006
Each defendant appealed against confiscation orders made when the sentence imposed was an absolute or conditional discharge. They said that Clarke made such orders unlawful. Held: The decision in Clarke was a difficult limitation on the court’s discretion: ‘there are cases in which the combination of an order for discharge with a confiscation order represents … Continue reading Regina v Magro: CACD 8 Jul 2010
The claimant sought a declaration that search warrants on his premises issued under money laundering suspicions were unlawful. The warrants did not comply with the 1984 Act, having failed satisfactorily to specify their purpose. Limited offers had been made for the return of certain documents and new orders sought under the 2002 Act. Held: The … Continue reading Cummins, Regina (on The Application of) v Manchester Crown Court: Admn 27 Jul 2010
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
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
Several defendants appealed against confiscation orders made against them on convictions for avoiding customs and excise duty by re-importing cigarettes originally intended for export. They had accepted the orders being made by consent, but now appealed saying that the consent had been given following inaccurate legal advice. Held: The appeals were allowed. The fact that … Continue reading Mackle, Regina v: SC 29 Jan 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
The parties had negotiated through solicitors a compromise of ancillary relief claims on their divorce. They agreed that the house should be transferred to the wife in consideration of her release of all other financial claims. The wife however became engaged to a new partner before the consent order was made, and remarried two days … Continue reading Jenkins v Livesey (formerly Jenkins): HL 1985
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 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
The defendants appealed against confiscation orders made on conviction for dealing with goods with intent to defraud the CandE of payable duty namely in bringing in excess numbers of cigarettes. Held: The appeal succeeded. In many cases the Customs and Excise had prosecuted on a basis which was invalidated by the alteration of the 1992 … Continue reading Regina v Khan; Regina v Lockett: CACD 12 Mar 2009
The defendant had been convicted of offences under the 1979 Act, but then conditionally discharged. He had appealed against a confiscation order. The prosecutor now appealed against an order quashing the confiscation. Held: The appeal was allowed. The answer lay in the important distinction between situations where the court was exercising a discretion, and where … Continue reading Varma, Regina v: SC 10 Oct 2012
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
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 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 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
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 claimants sought damages after delays by the bank in processing transfer requests. The bank said that the delays were made pending reports of suspected criminal activity. The bank’s delay had stigmatised the claimant causing further losses. The bank requested that the claims be struck out. The claimants sought permission to amend their claims. Held: … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: QBD 26 Jan 2009
Application for leave to appeal from criminal restraint orders . .
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 . .
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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 . .
