Citations: [2003] EWHC 3308 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Practice Updated: 13 October 2022; Ref: scu.193693
Citations: [2005] EWCA Crim 2168 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Cited by: Cited – Berr, Regina (on the Prosecution of) v Lowe CACD 17-Feb-2009 The defendant appealed against a confiscation order, alleging abuse of process by the prosecution. He had transferred land from the company just before it … Continue reading Mahmood and Another, Regina v: CACD 26 Aug 2005
Judges: Lord Justice Stuart-Smith Mrs Justice May DBE The Recorder of London (His Honour Judge Lucraft QC) (Sitting as a Judge of the Court of Appeal Criminal Division) Citations: [2022] EWCA Crim 1243, [2022] WLR(D) 377 Links: Bailii, WLRD Statutes: Proceeds of Crime Act 2002 22 Jurisdiction: England and Wales Criminal Sentencing Updated: 06 October … Continue reading Wood, Rex v: CACD 20 Sep 2022
The defendant appealed a conviction of possession of 66 grams of cannabis with intent to supply. Also found were a large number of small bags and pounds 7,000 in cash. The defendant said the cannabis was for his personal use, and the equipment had been left at the house. He also complained of the mention … Continue reading Payton, Regina v: CACD 26 May 2006
The Court heard an interim application to decide whether an appeal to the Supreme Court existed under the 2002 Act. A restraint order had been made as to the appellants assets. Held: The statutory provisions substituting the Supreme Court for the House of Lords had omitted to deal with the 2005 Order appeal provisions. Leave … Continue reading Stanford International Bank Ltd v Director of The Serious Fraud Office: SC 15 Feb 2012
Appeal against refusal of permission to amend pleadings. The claimants suffered large losses after the bank delayed implementing his instructions after staff members initiated a report under the 2002 Act. The claimant said that the evidence supporting a claim that the report was made in bad faith had only just come to light. Held: The … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: CA 30 Nov 2011
The CPS was asked to provide information about its civil recovery functions under the Proceeds of Crime Act 2002. It refused, citing the exemption at section 35(1)(a) of the Freedom of Information Act 2000. The Commissioner concluded that whilst section 35(1)(a) was engaged by the information, the public interest did not support withholding the information … Continue reading Crown Prosecution Service (Decision Notice): ICO 28 Jun 2010
Citations: [2012] ScotCS CSOH – 15 Links: Bailii Jurisdiction: Scotland Citing: See Also – Scottish Ministers v Stirton and Another SCS 5-Feb-2008 Application for an interim administration order in terms of the Proceeds of Crime Act 2002 and for warrant for inhibition and arrestment . . See Also – Scottish Ministers v Stirton and Another … Continue reading The Scottish Ministers v Stirton: SCS 24 Jan 2012
The court was asked whether a breach of an order under section 41 of the 2002 Act was a civil or a criminal contempt of court. The defendant had fled to the US to avoid complying with restraint orders on being investigated for financial fraud. He had been found guilty of contempt after fleeing. Held: … Continue reading OB v The Director of The Serious Fraud Office: CACD 1 Feb 2012
Reasons for order releasing funds from sums subject to restraint order. Judges: Gloster J DBE Citations: [2012] EW Misc 1 (CCrimC) Links: Bailii Statutes: Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 Cited by: See Also – Stanford International Bank Ltd v Director of The Serious Fraud Office SC 15-Feb-2012 The Court … Continue reading Re Stanford International Bank Ltd: Misc 16 Jan 2012
Akhtar had arranged with a mortgage broker to obtain money from lenders by submitting false mortgage applications on behalf of third parties. He was prosecuted under section 328. The prosecution argued that Akhtar was guilty because he entered into an arrangement which he knew would facilitate the acquisition of property for third parties by deception, … Continue reading Amir and Another, Regina v: CACD 23 Nov 2011
The defendant appealed against his conviction for money laundering. He had paid through his bank account a sum derived from a fraud. Judges: Aikens LJ, Keith, Thirlwall JJ Citations: [2011] EWCA Crim 767, [2011] Lloyd’s Rep FC 416 Links: Bailii Statutes: Proceeds of Crime Act 2002 328(1) Jurisdiction: England and Wales Crime Updated: 26 September … Continue reading Regina v Long: CACD 15 Mar 2011
Challenge to confiscation order. Judges: Ouseley J Citations: [2011] EWHC 2821 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 6 Jurisdiction: England and Wales Criminal Sentencing Updated: 26 September 2022; Ref: scu.448499
This appeal raises issues as to what must be proved before a magistrates’ court can make an order for forfeiture of cash pursuant to section 298(2)(b) of the Proceeds of Crime Act 2002. Citations: [2019] EWHC 3316 (Admin) Links: Bailii Jurisdiction: England and Wales Magistrates, Criminal Practice Updated: 25 September 2022; Ref: scu.645827
The court considered the circumstances under which it might exercise its jurisdiction to prevent an abuse of process in confiscation proceedings. The circumstances where a confiscation might be oppressive are: ‘where demonstrably (i) the defendant’s crimes are limited to offences causing loss to one or more identifiable loser(s), (ii) his benefit is limited to those … Continue reading Morgan v Regina; Bygrave v Regina: CACD 20 Jun 2008
Citations: [2018] EWCA Crim 2639 Links: Bailii Statutes: Proceeds of Crime Act 2002 327 Jurisdiction: England and Wales Criminal Sentencing Updated: 19 September 2022; Ref: scu.630978
The defendant appealed from his conviction under section 328. He had been arranging to buy what he admitted he thought may be a stolen car. Held: The parties had nor reached agreement even as to the purchase price, and no further steps had been taken to identify a sub-purchaser. The conviction was quashed. Judges: Bean … Continue reading Dare v Crown Prosecution Service: Admn 13 Jul 2012
Appeal against confiscation order. Judges: Toulson LJ, Walker J, Wadsworth QC HHJ Citations: [2008] 1 Cr App R (S) 51, [2008] Crim LR 62, [2007] EWCA Crim 1536 Links: Bailii Statutes: Proceeds of Crime Act 2002 328(1) 329(1) Criminal Sentencing Updated: 13 September 2022; Ref: scu.440356
The defendant appealed against a confiscation order made on his conviction for possession of a Class B controlled drug. There had been considerable delays in the completion of the process, and it had exceeded the two year limit. The appellant argued that exceptional circumstances had not existed. The court had, of its own motion, adjourned … Continue reading Regina v Johal: CACD 19 Apr 2013
The claimant challenged a decision authorising detention of a sum of cash, saying that the application had been made out of time. Judges: Pill LJ, Supperstone J Citations: [2011] EWHC 705 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 295(2) Jurisdiction: England and Wales Criminal Sentencing Updated: 04 September 2022; Ref: scu.431265
The defendant appealed against a confiscation order made on his plea to charges of possession of drugs with intent to supply. The Crown had served its statement under section 16 of the 2002 Act, but it was 14 months’ late. Judges: Jackson LJ, Mitting, Jay JJ Citations: [2015] EWCA Crim 305, [2015] 1 WLR 4149, … Continue reading Guraj, Regina v: CACD 6 Mar 2015
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 proceeds of money laundering or of income tax evasion, but it made no … Continue reading Angus v United Kingdom Border Agency: Admn 11 Mar 2011
The defendant faced confiscation proceedings. The judge gave instructions to the listing office to give a later date for the hearing. The defendant said that the delay took the case out of the court’s jurisdiction to make an order. Held: The judge’s act was in itself a valid postponment so as to extend the time … Continue reading Crown Prosecution Service v Neish: CACD 6 May 2010
The defendant appealed against the making of a confiscation order, saying that the court had erred in the procedure for forfeiting drugs. Held: The appeal failed. The section contained an express prohibition against making both a forfeiture and a confiscation order. However the object of the act should not be frustrated by the erroneous imposition … Continue reading Regina v Donohoe: CACD 28 Jul 2006
The appeal raises, albeit in the context of the particular facts and circumstances of the case, questions as to the proper meaning and application of s.42(7) of the 2002 Act. The appellant says that the judge misapplied the statutory provisions and that her decision to discharge the Restraint Order was wrong. The respondent, on the … Continue reading Regina v S: CACD 17 Oct 2019
Consequences of a failure to comply with the provisions of section 15(2) of the Proceeds of Crime Act 2002. Citations: [2018] EWCA Crim 2592, [2019] 4 WLR 67 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 02 September 2022; Ref: scu.630983
Citations: [2011] EWCA Crim 146, [2011] 1 Cr App Rep 37, [2011] Lloyd’s Rep FC 316 Links: Bailii Statutes: Proceeds of Crime Act 2002 328 Jurisdiction: England and Wales Criminal Sentencing Updated: 01 September 2022; Ref: scu.428636
The appellants challenged restraint and receivership orders made against them under the 2002 Act. Judges: Hooper LJ, Openshaw J, Sir Geoffrey Grigson Citations: [2011] EWCA Crim 143, [2011] Lloyd’s Rep FC 204, [2011] 2 Cr App R 7, [2011] WLR (D) 4 Links: Bailii, WLRD Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales … Continue reading Windsor and Others v Crown Prosecution Service: CACD 8 Feb 2011
Citations: [2010] EWCA Crim 2 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Sentencing Updated: 22 August 2022; Ref: scu.392910
This appeal raises an important issue on the confiscation regime laid down by the Proceeds of Crime Act 2002 (‘POCA’). It concerns what is often referred to as ‘cv fraud’ (‘cv’ being shorthand for ‘curriculum vitae’). Typically, as in this case, this occurs where a fraudster includes lies on his or her application form for … Continue reading Andrewes, Regina v: SC 18 Aug 2022
The Claimants claimed damages in a sum in excess of US$300,000,000 arising out of delays by the Defendant, their bankers, in executing four transfers from the Claimants’ account during the period September 2006 to March 2007 and the Defendant’s failure to explain the reasons for such delays. Judges: Supperstone J Citations: [2012] EWHC 1283 (QB), … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: QBD 16 May 2012
The claimants sought very substantial damages against the bank, arising from the bank’s delay in executing four transactions. The defendant said that it suspected that the proposed transactions concerned criminal property and that, in those circumstances, they were not required to comply with the payment instructions. The claimant complained at this point of the redaction … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: QBD 4 Jul 2011
The defendants appealed against confiscation orders made after a finding that they had been involved (separately) in the smuggling of tobacco, suggesting a conflict between the 1992 Regulations and the Directive. Held: The appeals variously failed and succeeded according to their facts. A person obtains a pecuniary advantage by evading duty or VAT even though … Continue reading White and Others v Regina: CACD 5 May 2010
The minister appealed against an order dismissing an application for a confiscation order as an abuse of process. The defendant had earlier had been told that no application would be made. Judges: Toulson, Griffith Williams JJ Citations: [2010] EWHC 805 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002, Social Security Administration 1992 111A(1) Jurisdiction: … Continue reading Secretary of State for Work and Pensions v Crown Court Sitting At Croydon: Admn 24 Mar 2010
The defendant appealed against a confiscation order after his conviction for obtaining a mortgage advance by fraud. Though he had obtained 450k, the house he had purchased had increased considerably in value. The original loan had been repaid in full on a remortgage. The judge had made an order for confiscation at the now substantally … Continue reading Waya, Regina v: CACD 25 Mar 2010
The court had allowed as exception to a criminal restraining order his reasonable living expenses. He sought an order allowing him to pay his legal aid contribution from those expenses. Held: The section allowed reasonable living expenses as an exemption, but did not allow payments of contributions as a condition of his grant of public … Continue reading In re M (Restraint order: Reasonable living expenses): CACD 22 May 2009
The defendant appealed against a decision that he should face a prosecution for contempt of court for breach of a restraint order. Held: The court did have the jurisdiction to deal with such a complaint. Judges: Toulson LJ, Mr Justice Andrew Smith LJ, Bean J Citations: Times 24-Oct-2008 Statutes: Proceeds of Crime Act 2002 41 … Continue reading Regina v M (Restraint order: Jurisdiction): CACD 14 Aug 2008
The court considered the effect of the decision in Clarke, and concluded that if the court is not permitted to make a confiscation order together with an order for conditional discharge, it may then become necessary to impose a different, more punitive sentence, rather than the order for conditional discharge, because without the order for … Continue reading Wilkinson, Regina v: CACD 11 Dec 2009
The applicant defendants sought to have excluded from the effect of restrictions on their dealing with property, property which was held under trusts. Held: The applications were rejected. There were well established rules allowing trustees indemnity in appropriate cases from the trust funds, and parliament had intended the 2002 Act to cover both personal and … Continue reading Assets Recovery Agency v Szepietowski and Others: ChD 19 Mar 2009
The first respondent applied for the freezing and receiving orders in relation to two properties and chattels obtained by the first respondent under the 2002 Act to be discharged on the footing that the Agency Director has not shown that she has a good arguable case that the property is, or includes, recoverable property as … Continue reading Szepietowski v Assets Recovery Agency: Admn 28 Nov 2006
The respondent had objected that the appointment of an interim receiver had been based upon information obtained in the course of investigations undertaken in connection with different proceedings and allegations. Held: The enforcement agency was not prevented from using such information in this way, and was entitled to a declaration accordingly. Judges: Mr Justice Silber … Continue reading Director of the Assets Recovery Agency v Szepietowski and others: Admn 29 Sep 2006
This is an application for judicial review of a search and seizure warrant granted under the Proceeds of Crime Act 2002 on the grounds that there was material non-disclosure by the police in applying for the warrant. Judges: Lord Justice Bean Mr Justice Sweeting Citations: [2022] EWHC 1736 (Admin) Links: Bailii Jurisdiction: England and Wales … Continue reading Durojaiye, Regina (on The Application of) v Crown Court At Croydon: Admn 6 Jul 2022
Consideration of some of the provisions relating to offences of money laundering set out in the Proceeds of Crime Act 2002. Citations: [2019] EWCA Crim 1028, [2020] 1 WLR 2239, [2020] WLR(D) 49 Links: Bailii, WLRD Statutes: Proceeds of Crime Act 2002 329(1) Jurisdiction: England and Wales Crime Updated: 03 August 2022; Ref: scu.639305
The defendant appealed against his convictions for converting the proceeds of crime. He had allowed money taken in fraud by another to be paid through his bank account. He denied he had any knowledge of the fact that they were criminal proceeds and he had not himself been involved in any conversion. Held: The appeal … Continue reading Regina v Fazal: CACD 9 Jun 2009
Nelson had been found possessing a stolen digger worth andpound;14,000. It was returned to the owner. He was to receive andpound;1,000 for supplying documents for it. Pathak used monet stolen from his employers to purchase property, but had repaid the money stolen. The property was ordered to be confiscated. Paulet as an immigrant had worked … Continue reading Crown Prosecution Service (Durham) v Nelson; CPS v Pathak; CPS v Paulet: CACD 28 Jul 2009
Citations: [2007] EWCA Crim 3432 Links: Bailii Statutes: Proceeds of Crime Act 2002 329(1)(c) 334 Jurisdiction: England and Wales Crime Updated: 30 July 2022; Ref: scu.278910
The defendant sought judicial review of the decision to charge him under the Act for being in possession of a stolen motor-cycle. He said he had been over-charged. Held: Unlike a conviction for handling stolen goods, the offence under the 2002 Act did not require the defendant to know that the object was stolen. ‘if … Continue reading Wilkinson, Regina (on the Application of) v Director of Public Prosecutions: Admn 22 Jun 2006
Citations: [2017] ScotSC 4 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: Scotland Criminal Sentencing Updated: 28 July 2022; Ref: scu.583908
Challenged to committal to prison for breach of order under the 2006 Act. Judges: Burnett LJ, Hickinbottom J Citations: [2015] EWHC 3476 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Sentencing Updated: 28 July 2022; Ref: scu.557131
The defendant had pleaded guilty to concealing criminal property. He was conditionally discharged but also made subject to a confiscation order. He appealed saying that one could not be made if only a conditional discharge was imposed. Held: The defendant’s appeal succeeded. The court examined the history of the conditional discharge provided by counsel, and … Continue reading Clarke v Regina: CACD 12 Jun 2009
The defendant appealed against a confiscation order saying that it should not have been set at values which reflected the black market value of the drugs he had imported. Held: The appeal failed. The court could take account of the illegal market value of drugs when setting the amount of a confiscation order. (Lord Walker … Continue reading Islam, Regina v: HL 10 Jun 2009
Prosecution appeal against confiscation orders imposed against the defendant. Held: The prosecutor’s appeal failed. The phrase ‘proceedings before the crown court’ referred to matters within one indictment, and did not refer to all matters which might be listed against a defendant on the same day.Prosecution appeal against confiscation orders Judges: Lord Justice Pill, Mr Justice … Continue reading Crown Prosecution Service v Moulden: CACD 11 Nov 2008
All three claimants challenged the issue of a disclosure order and Gayle Horne challenged the issue of search warrants issued under Part 8 of the 2002 Act. The search warrants were issued under s.352 POCA and the disclosure order under s.357 POCA, pursuant to orders of His Honour Judge Forrester at the Central Criminal Court … Continue reading Horne and Others, Regina (on The Application of) v The Central Criminal Court: Admn 22 May 2012
The defendants appealed against sentences of imprisonment after being convicted of assisting a family member to hide assets after his conviction for cocaine importation. Held: The sentences were reduced. Judges: Toulson LJ, Royce J, Baker QC HHJ Citations: [2008] EWCA Crim 1235, [2009] 1 Cr App Rep (S) 25 Links: Bailii Statutes: Proceeds of Crime … Continue reading Smale, Regina v: CACD 30 Apr 2008
Citations: [2009] ScotCS CSOH – 61 Links: Bailii Jurisdiction: Scotland Citing: See Also – Scottish Ministers v Stirton and Another SCS 5-Feb-2008 Application for an interim administration order in terms of the Proceeds of Crime Act 2002 and for warrant for inhibition and arrestment . . Cited by: See Also – The Scottish Ministers v … Continue reading Scottish Ministers v Stirton and Another: SCS 30 Apr 2009
The claimant had successfully defended a forfeiture case, but had been refused an order for her costs by the magistrates. The magistrates had found that the case had been properly brought under the 2002 Act, even though it had failed. Held: The request for judicial review failed. Citations: [2009] EWHC 762 (Admin) Links: Bailii Statutes: … Continue reading Perinpanathan v City of Westminster Magistrates Court: Admn 10 Mar 2009
Citations: [2008] EWCA Crim 854 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Sentencing Updated: 24 July 2022; Ref: scu.267055
Authorities in South Africa sought assistance in recovering what they said were assets acquired in England and Scotland with the proceeds of crime in South Africa, and in particular a restraint order, an assets declaration and other investigative assistance. The Court of Appeal had restricted the ambit of the order to exclude Scotland. Held: The … Continue reading King v Director of the Serious Fraud Office: HL 18 Mar 2009
‘This appeal raises issues of principle as to the scope of living and legal expenditure which should be permitted by restraint orders granted pursuant to s. 41 Proceeds of Crime Act 2002 ‘ Judges: Lord Justice Popplewell Citations: [2020] EWCA Crim 1579 Links: Bailii Statutes: Proceeds of Crime Act 2002 41(4) Jurisdiction: England and Wales … Continue reading Luckhurst, Regina v: CACD 24 Nov 2020
Judges: Lord Hodge, Deputy President Lord Kitchin Lord Hamblen Lord Burrows Lord Stephens Citations: [2022] UKSC 23 Links: Bailii, Bailii Summary, Bailii Issues/Facts Jurisdiction: England and Wales Citing: Appeal from – Luckhurst, Regina v CACD 24-Nov-2020 ‘This appeal raises issues of principle as to the scope of living and legal expenditure which should be permitted … Continue reading Luckhurst, Regina v: SC 20 Jul 2022
Judges: Lord Justice Toulson, Mr Justice Jack and Judge Michael Mettyear Citations: [2008] EWCA Crim 1740 Links: Bailii Statutes: Customs and Excise Management Act 1979 170(2), Proceeds of Crime Act 2002 79 Jurisdiction: England and Wales Cited by: Appeal from – Islam, Regina v HL 10-Jun-2009 The defendant appealed against a confiscation order saying that … Continue reading Islam, Regina v: CACD 31 Jul 2008
Use of restraint orders Citations: [2007] EWCA Crim 3128 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Practice Updated: 18 July 2022; Ref: scu.262967
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 recovery can be determined on the basis of conduct in relation to … Continue reading Director of Assets Recovery Agency and Others, Regina (on the Application of) v Green and others: Admn 16 Dec 2005
The Commissioner sought judicial review (with permission) of an order made by Magistrates in effect that the police should release cash, which was the subject of a forfeiture application under section 298 of the Proceeds of Crime Act 2002, to the interested party to fund his criminal defence. Because the forfeiture proceedings were outstanding such … Continue reading Commissioner of Police for The City of London, Regina (on The Application of) v City of London Magistrates’ Court and Another: Admn 29 Apr 2015
The solicitors had been paid funds on account of their fees in defending the client. By the time a freezing order was made under the 2002 Act in respect of his assets, the firm’s fees exceeded the amount held. The court was asked what was to happen to the funds. The solicitors had not yet … Continue reading Irwin Mitchell v Revenue and Customs Prosecutions Office and Allad: CACD 30 Jul 2008
Sums of money had been found on a raid on factory premises where many illegal workers were found. The company appealed seizure of the money under the 2002 Act. Judges: Richards LJ, MacKay J Citations: [2008] EWHC 1651 (Admin) Links: Bailii Statutes: Immigration Act 1971, Proceeds of Crime Act 2002 Jurisdiction: England and Wales Crime, … Continue reading Greater Manchester Police, Regina (on the Application of) v City of Salford Magistrates Court: Admn 21 Jul 2008
Judges: Walker J Citations: [2012] EWHC 2822 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Police Updated: 17 July 2022; Ref: scu.465724
The claimant said that the retention by the police of items belonging to her infringed her human rights. Judges: Plender J Citations: [2008] EWHC 654 (QB) Links: Bailii Statutes: Police and Criminal Evidence Act 1984 22(1), European Convention on Human Rights 8, Proceeds of Crime Act 2002 340(3) Police, Human Rights Updated: 17 July 2022; … Continue reading Wiltshire Constabulary v McDonagh: QBD 8 Apr 2008
Judges: King J Citations: [2007] EWHC 2553 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Practice Updated: 15 July 2022; Ref: scu.261575
Application for an interim administration order in terms of the Proceeds of Crime Act 2002 and for warrant for inhibition and arrestment Citations: [2008] ScotCS CSOH – 20 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: Scotland Cited by: See Also – Scottish Ministers v Stirton and Another SCS 30-Apr-2009 . .See Also – … Continue reading Scottish Ministers v Stirton and Another: SCS 5 Feb 2008
Citations: [2005] NIQB 67 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: Northern Ireland Criminal Sentencing Updated: 14 July 2022; Ref: scu.231297
Judges: Davis LJ , Supperstone J, Judge Zeidman QC Citations: [2015] EWCA Crim 1448, [2015] WLR(D) 302 Links: Bailii, WLRD Statutes: Proceeds of Crime Act 2002 13 Jurisdiction: England and Wales Criminal Sentencing Updated: 14 July 2022; Ref: scu.556383
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 … Continue reading Olupitan and Another v Director of the Assets Recovery Agency: CA 22 Feb 2008
Re-hearing of an application by Mr Al Zayat to discharge a Restraint Order, Judges: Hon Mr Justice Gross Citations: [2008] EW Misc 3 (EWCCT), [2008] Lloyd’s Rep FC 390 Links: Bailii Statutes: Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 Jurisdiction: England and Wales Criminal Sentencing Updated: 13 July 2022; Ref: scu.406760
The defendant appealed against a confiscation order made following his conviction for conspiracy to supply controlled drugs. Judges: Pill LJ, Hedley LJ, Sir Richard Curtis Citations: [2007] EWCA Crim 2688 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Citing: Cited – Attorney General Reference Nos 99, 100, 101 and 102 of … Continue reading Nadarajah v Regina: CACD 16 Nov 2007
The Act applied to a company which was being operated in breach of section 216 of the Insolvency Act which forbids the use of a prohibited trading style. Citations: [2007] EWCA Crim 1994 Links: Bailii Statutes: Proceeds of Crime Act 2002 Cited by: Cited – Basso and Another v Regina CACD 19-May-2010 The defendants had … Continue reading Neuberg (Karen), Regina v: CACD 13 Jul 2007
The Director said the Judge had been wrong to discharge on grounds of want of disclosure a restraint order previously made ex parte under the Proceeds of Crime Act at the request of a foreign investigator.‘The proper approach is to consider whether the public interest does or does not call for the order to stand, … Continue reading Serious Fraud Office v A: CACD 2 Aug 2007
Application for a civil recovery order. Judges: Tugendhat J Citations: [2008] EWHC 149 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Practice Updated: 10 July 2022; Ref: scu.264108
Citations: [2009] EWCA Crim 2242, [2010] Lloyd’s Rep FC 353 Links: Bailii Statutes: Proceeds of Crime Act 2002 329(1)(a) Jurisdiction: England and Wales Crime Updated: 08 July 2022; Ref: scu.396427
The defendant appealed against her conviction for assisting in the disposal of the proceeds of criminal activity, saying that the judge had incorrectly ruled that she had waived legal privilege as to the advice given to her at the police station, and that an inference could be drawn under section 34. Under cross examination she … Continue reading Loizou, Regina v: CACD 14 Jul 2006
Cash had been seized by the police under the 1984 Act. It was later seized also under the 2003 Act. The respondent said this was unlawful. Held: The forfeited money could be seized again under the 2003 Act. The 2002 Act allowed appropriate assets to be siezed at any time. Judges: Mittng J Citations: [2006] … Continue reading Merseyside Police v Hickman and Another: Admn 1 Mar 2006
The solicitors had held andpound;5,000 on account of their fees for representing the defendant when he later became subject to a criminal restraint order. They wrote to the respondents saying that they intended to transfer the fees to satisfy their interim account. The respondents refused. The judge had refused to vary the order. Held: The … Continue reading Irwin Mitchell (a Firm) v Revenue and Customs Prosecutions Office and Another: CACD 30 Jul 2008
The defendant faced allegations of evading duty on the importing of substantial quantities of cigarettes. A confiscation order was made. HMRC appealed saying it was too small a sum. Held: ‘the liability of a smuggler who evades duty which he becomes liable to pay on importation is a pecuniary advantage obtained rendering him liable to … Continue reading Bakewell, Regina v: CACD 11 Jan 2006
Appeal against conviction of one Count of acquiring criminal property, contrary to section 329(1)a) of the Proceeds of Crime Act 2002, and one Count of removing criminal property from England and Wales, contrary do section 327(1)e) of that Act. Citations: [2010] EWCA Crim 1381 Links: Bailii Jurisdiction: England and Wales Crime Updated: 04 July 2022; … Continue reading Yip, Regina v: CACD 26 May 2010
The court conisdered the effects of the provisions of the 2002 Act to be to ‘force a party in NatWest’s position to report its suspicions to the relevant authorities and not to move suspect funds or property either for seven working days or, if a notice of refusal is sent by the relevant authority, for … Continue reading Squirrell Ltd v National Westminster Bank Plc: ChD 22 Apr 2005
Appeal against a confiscation order made under the 2002 Act requiring consideration of the tainted gifts regime created by the 2002 Act. Judges: Davis LJ, Edis J, Field QC HHJ Citations: [2018] EWCA Crim 542, [2018] 4 WLR 134, [2018] Crim LR 581 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales … Continue reading Box, Regina v: CACD 15 Mar 2018
The defendant had successfully appealed a confiscation order which had been made without jurisdiction, but now claimed that that exempted those assets from later civil proceedings to recover the criminal proceeds. Held: The failure of the previous criminal confiscation proceedings did not prevent the later making of civil recovery orders. The exceptions allowed under section … Continue reading Singh v Director of the Assets Recovery Agency: CA 17 May 2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005
Judges: Nelson J Citations: [2006] EWHC B10 (QB Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Banking, Crime Updated: 28 June 2022; Ref: scu.280163
Citations: [2004] EWHC 2862 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 294 Criminal Practice, Police Updated: 27 June 2022; Ref: scu.220536
Appeal brought with the leave of the single judge against an order made under s.22(4)(a) Citations: [2019] EWCA Crim 569 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Sentencing Updated: 18 June 2022; Ref: scu.635653
Restraint and Disclosure orders had been made on without notice applications at the request of South Africa. The applicant appealed a refusal of their discharge. Held: Such orders did not apply to the applicant’s assets in Scotland. The orders were quashed and new orders substituted restricting their ambit to England and Wales. Judges: Lord Justice … Continue reading King v The Serious Fraud Office: CACD 18 Mar 2008
Citations: [2019] EWCA Crim 606 Links: Bailii Statutes: Proceeds of Crime Act 2002 327(1)(d) Jurisdiction: England and Wales Criminal Sentencing Updated: 17 June 2022; Ref: scu.635651
Appeal as to proposed enforcement of domestic confiscation orders. Citations: [2019] EWCA Crim 501 Links: Bailii Statutes: Proceeds of Crime Act 2002, Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 Jurisdiction: England and Wales Criminal Sentencing Updated: 13 June 2022; Ref: scu.634822
Appeal by the Crown under section 31 of the 2002 Act, in relation to orders in proceedings under the Act. Those proceedings related to the assessment of benefit and consequential orders to be made as a result in relation to four defendants. Judges: Latham VP CACD LJ, Forbes, Simon JJ Citations: [2006] EWCA Crim 2061, … Continue reading Jones, Regina v: CACD 10 Jul 2006
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 … Continue reading Assets Recovery Agency, Regina (on the Application Of) v He and Another: Admn 7 Dec 2004
Claims following freezing of the claimant’s bank accounts after Suspicious Activity Report by the bank to the National Crime Agency, and then closure of the accounts. Held: The defendant’s application to have the claim struck out failed. The claimants request for copies of the SARs was granted: ‘ inspection is necessary for the fair disposal … Continue reading Lonsdale v National Westminster Bank Plc: QBD 18 Jul 2018
Citations: [2019] EWCA Crim 351 Links: Bailii Statutes: Proceeds of Crime Act 2002 31(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 28 May 2022; Ref: scu.634334
Crown Court at Harrow – The Court stayed the criminal proceedings because the defendant was unable to retain counsel because of what was said to be a failure to provide adequate legal aid fees in criminal confiscation proceedings. Judges: Mole QC HHJ Citations: [2008] EW Misc 2 (EWCC) Links: Bailii Statutes: Proceeds of Crime Act … Continue reading P, Regina v: Misc 18 Mar 2008
Where, as in common practice, the court proceeds to sentence before the confiscation proceedings under section 6 are held, the duty of the court to proceed under section 6 remains alive. Judges: Pill LJ, Dobbs, Lloyd Jones JJ Citations: [2008] 1 Cr App R (S) 279, [2007] EWCA Crim 1577 Links: Bailii Statutes: Proceeds of … Continue reading Hockey, Regina v: CACD 12 Jun 2007
