The court was asked whether, where the convicted person is one of a number of registered owners of land, each of whom has a beneficial tenancy in common in the land, and the land cannot be sold, mortgaged or leased without the consent of all the proprietors, the convicted person’s beneficial interest has any value for the purposes of a confiscation order if all the co-owners do not agree to any sale.
Held: The prosecutor’s appeal succeeded. The convicted person’s beneficial interest had a value because the property could be ordered to be sold pursuant to an application to the Court by the convicted person under section 14 of the 1996 Act.
Stanley Burnton LJ, Davis J and HH Judge Roberts QC
[2010] EWCA Crim 829, [2010] WLR (D) 99, [2010] 1 WLR 2096, [2010] 4 All ER 837, [2010] 6 Costs LR 877, [2011] 1 Cr App R (S) 20
Bailii
Proceeds of Crime Act 2002, Trusts of Land and Appointment of Trustees Act 1996 14
England and Wales
Cited by:
Cited – Larkfield Ltd and Others v Revenue and Customs Prosecution Office and Others CA 12-May-2010
The defendant in criminal proceedings (M) had been found to be beneficial owner of property. The company, its registered proprietor appealed against an order declaring the property to be a realisable asset of M. The respondent had said the . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 12 November 2021; Ref: scu.408578
