The claimant challenged seizure of cash he was carrying. The court had concluded from its volume that it represented the proceeds of crime.
Held: Carnwath LJ said: ‘I agree with Sullivan J (in Green) that the Director need not allege the commission of any specific criminal offence, provided there are set out the matters alleged to constitute ‘the particular kind or kinds of unlawful conduct’ by or in return for which the property was obtained. This approach in my view follows from the wording of the Act. Use of the term ‘unlawful conduct’, rather than reference to a criminal offence or offences, is a clear indication that the power is not so restricted. The Green approach was in effect endorsed by this court in Szepietowski.’
Judges:
Carnwath LJ
Citations:
[2008] EWCA Civ 104, [2008] CP Rep 24, [2008] Lloyds Rep FC 253
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – 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 by:
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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 13 July 2022; Ref: scu.264659
