Search Results for: Proceeds of Crime Act 2002 6

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Police and Crime Commissioner for Leicestershire, Regina (on The Application of) v Hallam Land Management Ltd and Others: Admn 27 May 2014

The claimant challenged a planning permission for a substantial development, and in particular the terms of the associated section 106 agreement. The claimant was concerened that the terms might allow a sufficient development to required additional resources from the claimant without making a sufficiently unconditional commitment for financial support. Held: The request for judicial review … Continue reading Police and Crime Commissioner for Leicestershire, Regina (on The Application of) v Hallam Land Management Ltd and Others: Admn 27 May 2014

Fenech v Serious Organised Crime Agency: FTTTx 10 Oct 2013

FTTTx INCOME TAX AND NICs – tax assessments and penalty assessments – whether SOCA had reasonable grounds to suspect income accruing to appellant due to criminal conduct so that s. 317(1)(a) Proceeds of Crime Act 2002 applied giving it jurisdiction – yes – whether tax assessments for 2004/05 and 2005/06 raised timeously – yes – … Continue reading Fenech v Serious Organised Crime Agency: FTTTx 10 Oct 2013

H M Customs and Excise and Another v MCA and Another; A v A; Re MCA: CA 22 Jul 2002

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

UMBS Online, Regina (on the Application Of) v Serious Organised Crime Agency: CA 21 Mar 2007

Application for leave to appeal against refusal of leave to bring judicial review of a decision of the respondent agency. Leave to appeal was granted, but the matter was returned to the administrative court for review. Ward LJ, Sedley LJ, Hooper LJ [2007] EWCA Civ 375, [2008] 1 All ER 465 Bailii Proceeds of Crime … Continue reading UMBS Online, Regina (on the Application Of) v Serious Organised Crime Agency: CA 21 Mar 2007

Chandler (TN) v Director of Public Prosecutions: HL 12 Jul 1962

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

Crown Prosecution Service v Richards and Richards: CA 27 Jun 2006

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

Serious Organised Crime Agency v Szepietowski and Others: ChD 15 Oct 2010

The court was asked whether, as second mortgagee on the defendant’s properties, the claimant agency had the equitable power of marshalling of prior charges. The first chargee had charges over two properties, and sold the first, satisfying it debt, but leaving the Agency with no effective return. The bank’s same debts had also been secured … Continue reading Serious Organised Crime Agency v Szepietowski and Others: ChD 15 Oct 2010

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 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

ABC and Others, Regina v: CACD 26 Mar 2015

Several defendants sought to appeal against convictions. They were public officials accused of having committed misconduct in public office in the sale of information relating to their work to journalists. The journalists were convicted of conspiracy with the public officials and aiding and abetting them to commit the offence. Held: The direction as to the … Continue reading ABC and Others, Regina v: CACD 26 Mar 2015

K Ltd v National Westminster Bank Plc and others: CA 19 Jul 2006

The bank had declined to act upon a customer’s instructions, reporting its suspicions of criminal activity to the police. Permission was given to proceed but only after a delay. The claimant customer sought its costs. Held: The customer’s appeal failed. Parliament had laid down a proper procedure and the bank had followed it: ‘if a … Continue reading K Ltd v National Westminster Bank Plc and others: CA 19 Jul 2006

Shah and Another v HSBC Private Bank (UK) Ltd: QBD 26 Jan 2009

The claimants sought damages after delays by the bank in processing transfer requests. The bank said that the delays were made pending reports of suspected criminal activity. The bank’s delay had stigmatised the claimant causing further losses. The bank requested that the claims be struck out. The claimants sought permission to amend their claims. Held: … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: QBD 26 Jan 2009

Phillips, Regina v: CACD 26 Mar 2019

Appeal from conviction and sentence after conviction of being concerned in the production of a Class B controlled drug (cannabis), contrary to section 4(2(b) of the Misuse of Drugs Act (count 1) and of transferring criminal property, contrary to . .

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Wilkinson, Regina v: CACD 11 Dec 2009

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

Crown Prosecution Service v Moulden: CACD 11 Nov 2008

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

King v The Serious Fraud Office: CACD 18 Mar 2008

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

Reid, Regina v: CACD 13 Mar 2018

Appeal from confiscation order, asking ‘What is the correct approach to calculating benefit in a remortgage case in which the defendant acquires property legitimately by means of untainted funds and subsequently obtains a fraudulently-induced loan/remortgage if, by the time of the confiscation hearing, the defendant has (a) repaid the lender or (b) undertaken to repay … Continue reading Reid, Regina v: CACD 13 Mar 2018

Morfitt, Regina v: CACD 25 May 2017

Application to quash a confiscation order made under section 6 of the 2002 Act after the prosecution and the defence had agreed, and presented to the judge, figures for the ‘value of the benefit’ and the ‘available amount’, which he approved. The appeal was argued on the basis that the approach adopted by the prosecution … Continue reading Morfitt, Regina v: CACD 25 May 2017

Harvey, Regina v: CACD 3 Jul 2013

The defendant had been convicted of handling and receiving stolen goods. He now appealed from a confiscation order made under the 2002 Act. The defendant having admitted to benefiting from a criminal lifestyle, the court had to decide to what extent, if any, he had benefited over the relevant period from his ‘general criminal conduct’, … Continue reading Harvey, Regina v: CACD 3 Jul 2013

Varma, Regina v: SC 10 Oct 2012

The defendant had been convicted of offences under the 1979 Act, but then conditionally discharged. He had appealed against a confiscation order. The prosecutor now appealed against an order quashing the confiscation. Held: The appeal was allowed. The answer lay in the important distinction between situations where the court was exercising a discretion, and where … Continue reading Varma, Regina v: SC 10 Oct 2012

Basso and Another v Regina: CACD 19 May 2010

The defendants had been convicted of offences of failing to comply with planning enforcement notices (and fined andpound;10.00), and subsequently made subject to criminal confiscation orders. The orders had been made in respect of the gross income receipts of the business, limited to andpound;760,000. The defendants said that the activities had been otherwise lawful and … Continue reading Basso and Another v Regina: CACD 19 May 2010

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 went into liquidation, and admitted the offence under the 1986 Act. He complained that the liquidator having recovered the land the further confiscation action was an abuse. Held: The transfer had … Continue reading Berr, Regina (on the Prosecution of) v Lowe: CACD 17 Feb 2009

Shah and Another v HSBC Private Bank (UK) Ltd: QBD 5 Jul 2012

Judges: Mr Justice Supperstone Citations: [2012] EWHC 1855 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Citing: See Also – Shah and Another v HSBC Private Bank (UK) Ltd QBD 26-Jan-2009 The claimants sought damages after delays by the bank in processing transfer requests. The bank said that the delays … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: QBD 5 Jul 2012

Shah and Another v HSBC Private Bank (UK) Ltd: CA 13 Oct 2011

Judges: Pill, Munby, Lewison LJJ Citations: [2011] EWCA Civ 1154, [2012] Lloyd’s Rep FC 105 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Citing: See Also – Shah and Another v HSBC Private Bank (UK) Ltd QBD 26-Jan-2009 The claimants sought damages after delays by the bank in processing transfer requests. … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: CA 13 Oct 2011

Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001

(From High Court of Justiciary (Scotland)) The defendant had been convicted of drug trafficking. He complained that the following confiscation order had infringed his human rights being based an assumption of guilt and which was incompatible with his article 6 rights. The first question was whether he remained a person ‘charged with a criminal offence’. … Continue reading Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001

Waite v Regina: CACD 17 Jun 2020

Use of section 22 to increase confiscation order. Judges: The Recorder of London Citations: [2020] EWCA Crim 768 Links: Bailii Statutes: Proceeds of Crime Act 2002 22 Jurisdiction: England and Wales Criminal Sentencing Updated: 06 December 2022; Ref: scu.651732

Capper v Chaney and Another: ChD 8 Jul 2010

Police had seized substantial sums of cash from the first defendant acting under the 2004 Act. The claimant said that andpound;250,00 was his and sought its return. The Commissioner argued that the current proceedings were an abuse of process. Held: Forfeiture proceedings were now under way, and any release must await the result. The question … Continue reading Capper v Chaney and Another: ChD 8 Jul 2010

Golfrate Property Management Ltd and Another, Regina (on The Application of) v The Crown Court At Southwark and Another: Admn 25 Mar 2014

The claimants sought to have set aside search and seizure warrants obtained to further enquiries into suspected breaches of EU sanctions against ZANU-PF of Zimbabwe. They alleged non-disclosure and misrepresentation. Held: A decision to claim on public interest grounds to withhold information placed before a magistrate to obtain a warrant should be taken by a … Continue reading Golfrate Property Management Ltd and Another, Regina (on The Application of) v The Crown Court At Southwark and Another: Admn 25 Mar 2014

London Borough of Barnet v Kamyab: CACD 15 Apr 2021

Prosecutor’s appeal as to terms of confiscation order Citations: [2021] EWCA Crim 543 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Citing: See Also – The London Borough of Barnet v Kamyab CACD 27-Jul-2021 . . Lists of cited by and citing cases may be incomplete. Criminal Sentencing Updated: 01 December … Continue reading London Borough of Barnet v Kamyab: CACD 15 Apr 2021

NW and Others, Regina v: CACD 23 Jan 2008

The prosecutor appealed from a terminal ruling, acceding to a submission of no case to answer advanced on behalf of all four defendants.Proof to the criminal standard can be discharged by circumstantial evidence and then by inference: ‘No doubt, if such an inference is prima facie there to be drawn, an evidential burden is cast … Continue reading NW and Others, Regina v: CACD 23 Jan 2008

Parvizi v Barclays Bank Plc: QBD 21 May 2014

Defendant’s application notice seeking an order that Mr Parvizi’s claim should be struck out as disclosing no reasonable grounds of bringing the claim and, alternatively, for summary judgment. Citations: [2014] EWHC B2 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Banking Updated: 22 November 2022; Ref: scu.536539

Orton v Truro Crown Court and Another: Admn 21 Jan 2009

An application had been made under section 298 of the 2002 Act for the forfeiture of cash. The application had been dismissed by the magistrates’ court, but they also refused order the defendant’s costs. The police appealed to the Crown Court against the magistrates’ refusal to make a forfeiture order. Their appeal was dismissed, but … Continue reading Orton v Truro Crown Court and Another: Admn 21 Jan 2009

Twum-Barima, Regina v: CACD 9 May 2020

Judges: Lord Justice Popplewell Mr Justice Goose Mr Justice Hilliard Citations: [2020] EWCA Crim 1009 Links: Bailii Statutes: Proceeds of Crime Act 2002 327 Jurisdiction: England and Wales Crime Updated: 19 November 2022; Ref: scu.682453

Wilkes, Regina v: CACD 7 Mar 2003

The defendant was convicted of burglary. He had a previous conviction, within the statutory assumption period of six years, for handling. Both the property stolen in the burglary and the property handled had been recovered intact and restored, undamaged, to the true owners. The defendant had obtained no other benefit from the offences. These two … Continue reading Wilkes, Regina v: CACD 7 Mar 2003

Scottish Ministers, Re Stirton and Another: SCS 17 Oct 2012

Citations: [2012] ScotCS CSOH – 166 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 Scottish Ministers, Re Stirton and Another: SCS 17 Oct 2012

Crown Prosecution Service v The Eastenders Group and Another: CACD 23 Nov 2012

‘application by the CPS for permission to appeal against . . orders made . . in the Central Criminal Court on 8 May 2012. I use the expression ‘in form’ because as will appear there are issues as to the jurisdiction of the court. The case raises important questions as to the right of a … Continue reading Crown Prosecution Service v The Eastenders Group and Another: CACD 23 Nov 2012

Wood, Rex v: CACD 20 Sep 2022

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

Stanford International Bank Ltd v Director of The Serious Fraud Office: SC 15 Feb 2012

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

Shah and Another v HSBC Private Bank (UK) Ltd: CA 30 Nov 2011

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 Scottish Ministers v Stirton: SCS 24 Jan 2012

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

OB v The Director of The Serious Fraud Office: CACD 1 Feb 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

Regina v Long: CACD 15 Mar 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

Sandhu v Chief Constable of The West Midlands Police: Admn 5 Nov 2019

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

Morgan v Regina; Bygrave v Regina: CACD 20 Jun 2008

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

Dare v Crown Prosecution Service: Admn 13 Jul 2012

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

Pattison, Regina v: CACD 13 Jun 2007

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

Regina v Johal: CACD 19 Apr 2013

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

Iqbal v South Bedfordshire Magistrates Court: Admn 23 Feb 2011

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

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 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

Sachan, Regina v: CACD 9 Nov 2018

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

Windsor and Others v Crown Prosecution Service: CACD 8 Feb 2011

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

Scarsbrook or Galbraith v Her Majesty’s Advocate (No.2): HCJ 21 Jun 2001

The court considered the defence of diminished responsibility to a charge of murder. Held: Lord Rodger of Earlsferry: ‘It is, of course, impossible to attempt to describe the ambit of the doctrine of diminished responsibility without even attempting to describe the operation of the doctrine itself. A common theme in the cases where judges have … Continue reading Scarsbrook or Galbraith v Her Majesty’s Advocate (No.2): HCJ 21 Jun 2001

Shah and Another v HSBC Private Bank (UK) Ltd: QBD 4 Jul 2011

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

White and Others v Regina: CACD 5 May 2010

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

Secretary of State for Work and Pensions v Crown Court Sitting At Croydon: Admn 24 Mar 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

In re M (Restraint order: Reasonable living expenses): CACD 22 May 2009

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

Regina v M (Restraint order: Jurisdiction): CACD 14 Aug 2008

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

Assets Recovery Agency v Szepietowski and Others: ChD 19 Mar 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

Haque, Regina v: CACD 23 May 2019

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

Crown Prosecution Service (Durham) v Nelson; CPS v Pathak; CPS v Paulet: CACD 28 Jul 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

Clarke v Regina: CACD 12 Jun 2009

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

Horne and Others, Regina (on The Application of) v The Central Criminal Court: Admn 22 May 2012

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

Scottish Ministers v Stirton and Another: SCS 30 Apr 2009

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

Perinpanathan v City of Westminster Magistrates Court: Admn 10 Mar 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

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 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

Luckhurst, Regina v: SC 20 Jul 2022

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

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 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

Irwin Mitchell v Revenue and Customs Prosecutions Office and Allad: CACD 30 Jul 2008

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

Greater Manchester Police, Regina (on the Application of) v City of Salford Magistrates Court: Admn 21 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

Wiltshire Constabulary v McDonagh: QBD 8 Apr 2008

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

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 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