The court considered the ambit of the discretionary grant of a restraint order, where the proceeds of crime had been transferred to a company. Held: Ouseley J said: ‘In my judgment the real question which a judge faced with an application for a restraint or receivership order is whether the order of the extent sought … Continue reading In Re D: Admn 2006
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 husband and wife divorced and a property adjustment order applied for. The husband had been convicted and a drugs proceeds order made under the 1994 Act. The order had not been satisfied, and the receiver applied for money from the matrimonial property. Held: The two Acts gave no indication that either was to take … Continue reading H M Customs and Excise and Another v MCA and Another; A v A; Re MCA: CA 22 Jul 2002
The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, to testify should their identities be disclosed. He now said that … Continue reading Regina v Davis: HL 18 Jun 2008
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
The defendants appealed from conviction for offences under the 1911 Act. They were supporters of an organisation seeking to prevent nuclear war, and entered an Air Force base attempting to obtain information they would later publish. They pursued a campaign of non-violent civil disobedience. The judge had refused to allow cross examination and evidence concerning … Continue reading Chandler (TN) v Director of Public Prosecutions: HL 12 Jul 1962
The court was asked how to resolve the conflict between a public policy imperative to deprive offenders of the fruits of their crime and the requirement that dependants are provided for after divorce when the only funds available for both are the same? The CPS appealed against an order distributing a capital sum to the … Continue reading Crown Prosecution Service v Richards and Richards: CA 27 Jun 2006
The defendant had been lured into the UK by the unlawful acts of customs officers. He claimed abuse of process. Held: The category of cases in which the abuse of process principles can be applied is not closed. A customs officer committing an offence alongside the defendant did not necessarily make thereby make a prosecution … Continue reading Regina v Latif; Regina v Shahzad: HL 23 Jan 1996
The defendant had been convicted of drugs offences, and sentenced under the 1994 Act. The gains he had made exceeded his then assets. Later he acquired further property honestly, and the Court now considered whether those assets could be taken to cover the earlier shortfall, by allowing for them when issuing a certificate to increase … Continue reading Peacock, Re: SC 22 Feb 2012
The applicant appealed against a confiscation order made on the basis of evidence obtained for and given in a trial that he had profited from the importation of cannabis. He had not faced trial on an associated charge, but had been convicted of conspiracy on the importation of heroin. Held: The court need not rely … Continue reading Briggs-Price, Regina v: HL 29 Apr 2009
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
The defendant had been convicted of involvement in a substantial VAT fraud, and made subject to a confiscation order. He was made subject to a confiscation order in respect of the amounts lost to the fraud where he was involved, but argued that the court had made each of 16 defendants liable for the full … Continue reading May, Regina v: HL 14 May 2008
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 court considered the proper approach for the court to adopt, and the proper orders for the court to make, in confiscation proceedings where a number of criminals (some of whom may not be before the court) had between them acquired property or money as a result of committing an offence for which all or … Continue reading Ahmad, Regina v: SC 18 Jun 2014
The appellant had been found to have received criminal proceeds along with another. He appealed against an order making him liable for the full amount. Held: The appeal failed. The defendant’s argument did not face the finding that he had been acting jointly with his co-defendants. ‘The committee cannot, however, regard it as disproportionate to … Continue reading Regina v Green: HL 14 May 2008
The claimants served proceedings by fax. The defendants denied that it was effective saying that they had not confirmed that they were instructed to accept service or that as required by the rules they had confirmed that they would accept service by fax. Held: The service had not been valid. The claimant effectively argued for … Continue reading Brown and Others v InnovatorOne Plc and Others: ComC 19 Jun 2009
Conviction of offences of being concerned in the importation of controlled drugs, namely cocaine, ecstasy and amphetamine. McCready was sentenced to 18 years imprisonment. Complaint that no adjournment before confiscation order. . .
The claimant sought to assert race discrimination by the Labour Party in not selecting him as a political candidate. The defendant, chairman of the party appealed.
Held: A political party when selecting candidates was not acting as a . .
The court was asked to say how it was to be shown that the defendant had profited from drug trafficking.
Held: It was for the prosecution to establish to the civil standard that the defendant had made payments out of the funds alleged to have . .
The two defendants appealed against the increase of compensation orders made to reflect assets received properly after their original sentencing. . .
The defendant was subject to a confiscation order. The judge had postponed the determination of the amount, but without specifying when it would take place.
Held: The requirement in the Act was mandatory. When deciding to postpone an . .
Valuation of drugs in confiscation order.Applying the 1994 Act, sections 2(3) and 4(1) were directed to gross payments and not net profits. Judges: Lord Bingham of Cornhill LCJ, Sachs, Toulson JJ Citations: [1996] EWCA Crim 1799, [1997] 2 Cr App R (S) 110, [1997] Crim LR 235 Links: Bailii Statutes: Drug Trafficking Act 1994 5, … Continue reading Regina v Banks: CACD 9 Dec 1996
A confiscation order was to be made. The judge included the purchase price of the drugs forfeited. Held: As the drugs had been forfeited they were no longer the property of the former owner. So he was in no position to realise that property as an asset. Lord Bingham CJ said: ‘But even if the … Continue reading Regina v Dore: CACD 19 Dec 1996
The Crown Court was able to increase the amount of a confiscation order after making the original order, where further assets were revealed, but not beyond assessed benefit to him of the crime. Judges: Rose LJ Citations: Gazette 28-May-1998, Times 06-May-1998, [1998] EWCA Crim 1370, [1999] 1 Cr App R(S) 92, [1998] Crim LR 591 … Continue reading Regina v Tivnan: CACD 6 May 1998
When considering a confiscation order which would affect the wife of the accused, and where property is held in joint names, the court should start with the prima facie position as to where the beneficial interests lay and then go on to find whether there are gifts caught by the Act which ought then to … Continue reading Regina v Buckman: CACD 3 Oct 1996
The defendant appealed against a forfeiture order, saying that it had been made under the 1990 Act which had been repealed. Held: The wrong naming of the section did not invalidate the decision. Judges: Lord Bingham of Cornhill LCJ, Dyson J Citations: [1998] EWHC Admin 332 Statutes: Criminal Justice (International Co-operation) Act 1990, Drug Trafficking … Continue reading Regina v Dover Magistrates’ Court ex parte Webb: Admn 18 Mar 1998
For a site supplying several services including waste management and lesser electricity generation, the primary purpose governed its rating, and the site did not have the exemptions from commercial rates which were allowed to generator sites. An explanatory note may be referred to as an aid to construction where the statutory instrument to which it … Continue reading Russell v Coventry and Solihull Waste Disposal Co Ltd: CA 11 Jun 1998
Avory J said: ‘Headings of sections and marginal notes form no part of a statute. They are not voted on or passed by Parliament, but are inserted after the Bill has become law. Headnotes cannot control the plain meaning of the words of the enactment, though they may, in some case, be looked at in … Continue reading Rex v Hare: 1934
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim failed. Held: The claim was not disbarred in this … Continue reading Pickstone v Freemans Plc: HL 30 Jun 1988
The defendants had been arrested as they unloaded four tons of cannabis from a boat.
Held: Their appeal against a confiscation order was allowed despite the acceptance of a statement when the acceptance had been based on a mistake of law or . .
