Assets Recovery Agency, Regina (on the Application Of) v He and Another: Admn 7 Dec 2004

Application was made for an interim receiving order pending resolution of criminal proceedings. Collins J said: ‘the approach of the Director must be to let criminal proceedings take precedence, as it were, and only act if such proceedings are either not being taken or for any reason may have failed, if notwithstanding their failure or the inability for whatever reason to take them, she takes the view that she can establish within the requirements of the Act that the property in question was unlawfully obtained.’

Judges:

Collins J

Citations:

[2004] EWHC 3021 (Admin)

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002

Jurisdiction:

England and Wales

Cited by:

CitedOlden v Serious Organised Crime Agency CA 26-Feb-2010
The applicant appealed against a recovery order made under the act against his assets. His conviction had been set aside as unsafe. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 31 May 2022; Ref: scu.221029