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 property and liable to forfeiture under section 298. The appellant appealed on the basis that the judge had not identified the kind of unlawful conduct which he found.
Held: It was unnecessary to identify such an activity: ‘All that has to be shown is that the source of the money was a criminal offence in the United Kingdom and that it was intended for a criminal use either in the United Kingdom or elsewhere.’
Moses J
[2005] EWHC 495 (Admin)
Bailii
Proceeds of Crime Act 2002 298
England and Wales
Cited by:
Distinguished – Director of Assets Recovery Agency and Others, Regina (on the Application of) v Green and others Admn 16-Dec-2005
The defendant challenged the making of civil orders for recovery of what were alleged to be the proceeds of crime. They complained that no specific offence had been made out. The court was asked, as a preliminary issue: ‘Whether a claim for civil . .
Cited – Wiese v The UK Border Agency Admn 29-Jun-2012
The claimant challenged a decision to seize a sustantial sum of cash being carried by him whilst passing through London City Airport. In the magistrates court, the claimant had objected to the reliance on parts of a customs officer’s statement which . .
Explained – Angus v United Kingdom Border Agency Admn 11-Mar-2011
The appellant appealed by case stated against an order for forfeiture of andpound;40,000 cash seized by the respondent on her entering the UK. The Crown Court, on appeal from the Magistrates Court, had found that that cash ‘may well have been’ the . .
These lists may be incomplete.
Updated: 09 June 2021; Ref: scu.223900