The court may restrain confiscation proceedings as an abuse of process in circumstances where the Crown had acted contrary to an understanding that, if repayment was made, it would not seek a confiscation order. Citations: [2007] EWCA Crim 1577 Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Cited by: Cited – Berr, Regina … Continue reading Regina v Hockey: CACD 2007
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the VAT on works carried out on his own property. Because of the delay which … Continue reading Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005
The Respondents applied to strike out the claim under the Act on grounds including that it disclosed no reasonable grounds for bringing the claim and was an abuse of process. Held: The application was refused. Judges: Dobbs J Citations: [2006] EWHC 1906 Statutes: Proceeds of Crime Act 2002 Part 5 Jurisdiction: England and Wales Cited … Continue reading Assets Recovery Agency v Olupitan and Another: 2006
The defendant had admitted supplying cocaine and possession. In searches of his home, police found drugs and andpound;13,880 cash on one occasion and andpound;600 on another. His basis of plea, however, was that he had allowed his home to be used for the six month period charged in the indictment as a safe house for … Continue reading Regina v Lazarus: CACD 2004
Appeal against a confiscation order Judges: avis LJ, Whipple DBE J, Patrick Field QC HHJ Citations: [2018] EWCA Crim 691 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Sentencing Updated: 14 May 2022; Ref: scu.624022
The defendants were accused of using companies as a front for customs fraud. The Customs and Excise sought leave to appeal the terms of a criminal restraint order. Held: The court when making such an order was entitled to take into account the statutory assumptions about the lifestyle of the defendants. The commissioners’ application to … Continue reading In re K and Others (Restraint Order): 1 Mar 2005
Appeal from sentence of 18 months imprisonment for failing to register with a supervisory body and director disqualification for prejudicing an investigation. Held: 12 months imprisonment and 4 years disqualification substituted. Judges: Mr Justice Calvert-Smith His Honour Judge Stephens QC (Sitting as a Judge of the Court of Appeal Criminal Division) Citations: [2011] EWCA Crim … Continue reading Doshi, Regina v: CACD 22 Jul 2011
The defendant had been acquitted of criminal charges and had an order for costs made in his favour. The claimant pursued a civil recovery order. The defendant sought a variation of the interim order. Held: When considering such an application, the court should treat the issues as under property law so as to protect the … Continue reading Director of Assets Recovery Agency v Creaven and Others: QBD 8 Nov 2005
Application for judicial review of three search and seizure warrants Judges: Lord Justice Fulford and Mr Justice Silber Citations: [2013] EWHC 4140 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 352 Jurisdiction: England and Wales Criminal Practice Updated: 09 May 2022; Ref: scu.519994
The Customs had obtained a restraint order over the applicant’s assets pending its investigation of his affairs. He sought permission to use part of the money to pay the legal costs of legal advice and assistance with regard to the restraint order. Held: The section had been passed because assets had previously been substantially dissipated … Continue reading In re S (Restraint Order): CACD 1 Oct 2004
Judges: Mr Justice Hughes Lord Justice Tuckey Lord Justice Wilson Citations: [2006] EWCA Civ 741 Statutes: Proceeds of Crime Act 2002 243 Jurisdiction: England and Wales Criminal Practice Updated: 01 May 2022; Ref: scu.244381
The claimant applied for an order vesting in its nominated trustee the ownership of a cash deposit of pounds 4.4 million at the Royal Bank of Scotland in London held in an account for the benefit of the defendant. The claim was made under provisions in the Proceeds of Crime Act 2002 which, in the … Continue reading Serious Fraud Office v Saleh: QBD 22 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
Appeal from convictions of money laundering Judges: Sir Anthony May, President of the Queen’s Bench Division Citations: [2011] EWCA Crim 1776 Links: Bailii Statutes: Proceeds of Crime Act 2002 328 Jurisdiction: England and Wales Crime Updated: 12 April 2022; Ref: scu.442025
The court considered claims beneficial ownership of an interest in funds otherwise made subject to an order under the 2002 Act. Judges: Mann J Citations: [2018] EWHC 565 (Ch) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Taxes Management, Criminal Sentencing Updated: 06 April 2022; Ref: scu.606481
Appeals from sentences for VAT fraud. Judges: Gross LJ, Popplewell J, Griffith-Jones HHJ Citations: [2017] EWCA Crim 308, [2018] WLR(D) 78 Links: Bailii, WLRD Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Sentencing Updated: 05 April 2022; Ref: scu.605319
Applicant alleged that her signature on the Transfer of the property had been forged and that the signature (whosever it was) had not been properly witnessed. She sought rectification of the register and her reinstatement as proprietor. There was no objection from the registered proprietor but the Respondent had a restriction in the register in … Continue reading Akhtar v Slough Borough Council: LRA 27 Oct 2017
Application by the Defendant in these proceedings, to set aside the property freezing order, on the grounds that the ARA has no good arguable claim to the Property; that the order was obtained by the Claimant in breach of her duty to make full and frank disclosure to the Judge; and that the proceedings are … Continue reading Assets Recovery Agency v Kean: Admn 31 Jan 2007
The prosecutor appealed against a refusal by the judge to make confiscation orders. The defendants had benefitted from their conduct but had dissipated it all, and were found by the Crown to have no assets. The judge found this to be an exceptional circumstance. Held: The judge had erred, and should have made the order. … Continue reading Regina v Jones and Others (Confiscation Orders): CACD 10 Jul 2006
Renewed application to appeal against conviction of acquiring criminal property contrary to section 329(1)(a) of the Proceeds of Crime Act 2002. Citations: [2009] EWCA Crim 922 Links: Bailii Statutes: Proceeds of Crime Act 2002 329(1)(a) Jurisdiction: England and Wales Crime Updated: 30 March 2022; Ref: scu.430788
Judges: Lady Wise Citations: [2017] ScotCS CSOH – 114 Links: Bailii Statutes: Proceeds of Crime Act 2002 128 Jurisdiction: Scotland Criminal Practice Updated: 29 March 2022; Ref: scu.593567
Application for leave to appeal against convictions for money laundering related offences. Judges: Jolroyde LJ, Zeidman QC HHJ Citations: [2017] EWCA Crim 1147 Links: Bailii Statutes: Proceeds of Crime Act 2002 327(1) Jurisdiction: England and Wales Crime Updated: 28 March 2022; Ref: scu.591698
The parties had applied to be married. S was a European citizen, and the intended groom was an overstayer from Pakistan. They were refused a licence, and taken into custody, and now appealed against refusal of a licence. Held: The appeal succeeded. It was for the Home Office to prove what it asserted: ‘One of … Continue reading Sadovska and Another v Secretary of State for The Home Department: SC 26 Jul 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
Appeal from sentencing for money laundering and of doing acts tending and intended to pervert the course of public justice. Judges: Gross LJ, Holroyde, Cheema-Grubb DBE JJ Citations: [2016] EWCA Crim 1745 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Sentencing Updated: 27 March 2022; Ref: scu.588237
Judges: Lord Justice Toulson Citations: [2011] EWCA Civ 69, [2011] ACD 46 Links: Bailii Statutes: Criminal Justice Act 1988 71, Proceeds of Crime Act 2002 Jurisdiction: England and Wales Citing: Cited – May, Regina v HL 14-May-2008 The defendant had been convicted of involvement in a substantial VAT fraud, and made subject to a confiscation … Continue reading Glaves v Crown Prosecution Service: CA 3 Feb 2011
Each applicant had been subject to confiscation in criminal proceedings relating to drugs offences. They complained that the legislation had reversed the burden of proof. Held: ‘it was not incompatible with the notion of a fair hearing in criminal proceedings to place the onus on each applicant to give a credible account of his current … Continue reading Grayson and Barnham v The United Kingdom: ECHR 23 Sep 2008
Judges: Gross LJ, Leggatt J Citations: [2017] EWHC 747 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Financial Services, Crime Updated: 24 March 2022; Ref: scu.581625
Judges: Richards LJ, Openshaw J, Stephens QC J Citations: [2008] 2 Cr App Rep 15, [2008] 1 WLR 2113, [2008] Lloyd’s Rep FC 206, [2008] 2 Cr App R (S) 80, [2008] 3 All ER 315, [2008] WLR 2113, [2008] Crim LR 650, 200606278-B5, [2008] EWCA Crim 239 Links: Bailii Statutes: Proceeds of Crime Act … Continue reading CPS Nottinghamshire v Rose: CACD 21 Feb 2008
Each defendant appealed against confiscation orders made when the sentence imposed was an absolute or conditional discharge. They said that Clarke made such orders unlawful. Held: The decision in Clarke was a difficult limitation on the court’s discretion: ‘there are cases in which the combination of an order for discharge with a confiscation order represents … Continue reading Regina v Magro: CACD 8 Jul 2010
The claimant sought a declaration that search warrants on his premises issued under money laundering suspicions were unlawful. The warrants did not comply with the 1984 Act, having failed satisfactorily to specify their purpose. Limited offers had been made for the return of certain documents and new orders sought under the 2002 Act. Held: The … Continue reading Cummins, Regina (on The Application of) v Manchester Crown Court: Admn 27 Jul 2010
Claim for compensation brought by the claimant under the 2002 Act alleging a serious default on the part of the police in not disclosing to the Crown Court when applying for a restraint order against him, the fact that he was an informant who had given valuable information against the very criminal whose assets he … Continue reading A v ACC: QBD 15 Feb 2017
Appeal against property freezing order. Judges: Simon LJ, Sir Martin Moore-Bick, Sir Stephen Tomlinson Citations: [2017] EWCA Civ 18, [2017] WLR(D) 36 Links: Bailii, WLRD Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Criminal Sentencing Updated: 29 January 2022; Ref: scu.573618
ICO (Central Government) The complainant requested information about restraint and confiscation orders made under the Proceeds of Crime Act 2002 (POCA). The Ministry of Justice (MoJ) denied holding the requested information relating to restraint orders. It also denied holding the requested information relating to confiscation orders citing section 11(5)(c) of the FOIA (the dataset provisions). … Continue reading Ministry of Justice – FS50630215: ICO 15 Dec 2016
Issue on the scope of section 298(2)(b) of the 2002 Act which section permits the court to forfeit cash which has been detained by a constable if the court is satisfied that this cash ‘is intended by any person for use in unlawful conduct’. Judges: Lord Justice Aikens Mr Justice Globe Citations: [2012] EWHC 2304 … Continue reading Begum v West Midlands Police: Admn 3 Jul 2012
The court considered how to deal with a payment into court for the benefit of the parties when assets of one were to be made subject to a restraint order. Newey J [2016] EWHC 1996 (Ch) Bailii Proceeds of Crime Act 2002 England and Wales Litigation Practice Updated: 20 January 2022; Ref: scu.567846
[2016] EWCA Crim 19 Bailii Proceeds of Crime Act 2002 England and Wales Criminal Sentencing Updated: 10 January 2022; Ref: scu.560265
Appeal against a confiscation order made under the Proceeds of Crime Act 2002 (the Act). It requires consideration of the tainted gifts regime created by the Act. Davis LJ, Edis J, Watt HHJ [2016] EWCA Crim 10 Bailii Proceeds of Crime Act 2002 England and Wales Criminal Sentencing Updated: 10 January 2022; Ref: scu.559510
Police had discovered quantities of stolen goods at the appellant’s business premises. He was convicted of receiving stolen goods, and confiscation order made. He now appealed from the inclusion in that order of sums of VAT which had already been accounted for to HMRC. Held: (Hughes and Toulson JJSC dissenting) The defendant’s appeal succeeded. Including … Continue reading Harvey, Regina v: SC 16 Dec 2015
The appellant challenged his sentence of 15 months’ imprisonment for possession of Criminal Property. King J [2015] EWCA Crim 1720 Bailii Proceeds of Crime Act 2002 329 England and Wales Criminal Sentencing Updated: 07 January 2022; Ref: scu.556386
Davis LJ, Lang DBE, Patterson DBE JJ [2015] EWCA Crim 1731, [2016] 1 WLR 1400, [2016] 1 Cr App R (S) 41, [2016] Lloyd’s Rep FC 21, [2016] Crim LR 12, [2016] Crim LR 127 Bailii Proceeds of Crime Act 2002 England and Wales Criminal Sentencing Updated: 05 January 2022; Ref: scu.554245
The appellant appealed convictions for possession of criminal property contrary to section 329(1)(c) of POCA. The police found him with sums of cash which the prosecution said were the proceeds of crime. After the jury had retired, the jury asked a question whether the regular buying and selling of goods to supplement the household income … Continue reading Gabriel, Regina v: CACD 2 Feb 2006
Application by the Respondent to discharge a property freezing order. Held: Where a Canadian court had ordered the restoration of shares to their owner in consequence of the abandonment of forfeiture proceedings by the Canadian prosecuting authority, the appropriate prosecuting authority here was not thereby prevented from commencing proceedings against the proceeds of sale of … Continue reading The Serious Fraud Office v Saleh: QBD 21 Jul 2015
Renewed applications for leave to appeal by two applicants who were convicted, following pleas of guilty, of offences of false accounting. They challenged the use of the Commencement order for the 2002 Act as it applied to offences coming into force after the partial commission of continuing unlawful benefits claims. Morgan LCJ, Coghlin LJ and … Continue reading McCool and Another, Regina v: CANI 22 May 2015
The defendant appealed against a confiscation order of aproximately andpound;500,000. He had been convicted of failure to comply with an enforcement notice in respect of the use of a property as two plannig units. The amount confiscated was calculated as the estimated gross income from the property over five years. Held: The appeal failed. Sir … Continue reading Hussain v Regina (London Borough of Brent): CACD 18 Nov 2014
Appeal against confiscation order John Thomas, Baron Thomas of Cwmgiedd LCJ, Sweeney, Dingemans JJ [2015] EWCA Crim 713 Bailii Proceeds of Crime Act 2002 England and Wales Criminal Sentencing Updated: 29 December 2021; Ref: scu.546100
Appeal against conviction for entering into an arrangement for the retention of criminal funds. The defendant said that at the time of the arrangement there were not yet any criminal funds in existence. A had set up websites intending to con visitors selling non-existent cut price insurance. B opened bank accounts for A to be … Continue reading GH, Regina v: SC 22 Apr 2015
Appeal against a confiscation order. The defendant argued that once a court had made a forfeiture order, it had no continuing jurisdiction under the 2002 Act Pitchford LJ, Cooke, Lang JJ [2015] EWCA Crim 385, [2015] Crim LR 642, [2015] WLR(D) 130 Bailii, WLRD Proceeds of Crime Act 2002 10 England and Wales Criminal Sentencing … Continue reading Kakkad, Regina v: CACD 17 Mar 2015
23178/13 – Communicated Case, [2015] ECHR 168 Bailii European Convention on Human Rights, Proceeds of Crime Act 2002 Human Rights, Criminal Sentencing Updated: 28 December 2021; Ref: scu.542941
[2021] EWHC 3155 (Admin) Bailii Proceeds of Crime Act 2002 England and Wales Criminal Sentencing Updated: 24 December 2021; Ref: scu.670065
These proceedings concern the civil recovery of the proceeds of unlawful conduct, notably money laundering, extortion and mortgage fraud, in terms of section 266 of the Proceeds of Crime Act 2002. The reclaimer contended that the crown had not had sufficient evidence tat one of the properties charged had been the fruit of unlawful conduct. … Continue reading The Scottish Ministers v Stirton and Another: SCS 7 Nov 2014
The defendant had been convicted of an offence of supplying drugs whilst on licence for a similar offence. The court considered a request for an order under the 2002 Act. Lord Boyd of Duncansby [2014] ScotHC HCJ – 112 Bailii Criminal Procedure (Scotland) Act 1995 76, Misuse of Drugs Act 1971 4(3)(b), Proceeds of Crime … Continue reading HM Advocate v McAllister: HCJ 7 Oct 2014
The noters sought recall of a restraint orde [2010] ScotCS CSOH – 48 Bailii Proceeds of Crime Act 2002 120 Scotland Scotland Updated: 18 December 2021; Ref: scu.406778
ECHR Article 1 para. 1 of Protocol No. 1 Peaceful enjoyment of possessions Narrow scope of review for order confiscating wages from employment obtained using a false passport: violation Facts – The applicant, an Ivoirian national living illegally in the United Kingdom, obtained employment using a false French passport. From 2003 to 2007 he accumulated … Continue reading Paulet v The United Kingdom: ECHR 13 May 2014
Belfast – ‘The twenty eight charges against this defendant, Wu Pu Paul Mo, are each of converting criminal property contrary to Section 327(1)(c) of the Proceeds of Crime Act 2002. The particulars of each offence allege that he converted criminal property by purchasing bankers drafts from monies held in one of five accounts in his … Continue reading MO, Regina v: CCNI 17 Oct 2013
Lord Justice Haddon-Cave [2020] EWCA Crim 1243 Bailii Proceeds of Crime Act 2002 England and Wales Criminal Sentencing Updated: 11 December 2021; Ref: scu.654066
The claimant was responsible for recovering money under the 2002 Act, and alleged that the first defendant had been engaged in a mortgage fraud. Held: To succeed in such a claim for recovery the Claimant must prove, ‘on a balance of probabilities’, that the matters alleged to constitute unlawful conduct occurred. The court had a … Continue reading Assets Recovery Agency v Olupitan and Another: QBD 8 Feb 2007
Application for leave to appeal against his conviction of fraud by false representation, contrary to section 1 of the Fraud Act 2006 (count 1) and being concerned in a money laundering arrangement, contrary to section 328 of the Proceeds of Crime Act 2002. [2021] EWCA Crim 819 Bailii England and Wales Crime Updated: 07 December … Continue reading Louanjli, Regina v: CACD 7 May 2021
Appeal against a confiscation order. Treacy LJ, King J, Kramer QC [2014] EWCA Crim 382 Bailii Proceeds of Crime Act 2002 England and Wales Criminal Sentencing Updated: 05 December 2021; Ref: scu.526965
A criminal restraint order had been made against the defendant. He was alleged to have breached the order. The court considered whether the Crown Court had power to consider this as a complaint of contempt. Bean J [2008] EWCA Crim 1901, [2009] 1 WLR 1179 Bailii Proceeds of Crime Act 2002 England and Wales Crime, … Continue reading M, Regina v: CACD 14 Aug 2008
Appeal brought by way of case stated from the decision of the Crown Court at Chelmsford on 1 March 2013 to uphold the decision of the Magistrates’ Court to order the forfeiture of a sum of andpound;6,500 pursuant to section 298 of the Proceeds of Crime Act 2002 Andrews J [2014] EWHC 462 (Admin) Bailii … Continue reading Nuro v The Home Office: Admn 7 Feb 2014
The defendants, scrap metal merchants, appealed against convictions for attemption to deal in stolen metals. The court was asked as to the mental element required for criminal attempt under section 1 of the 1981. The context here was an accusation of concealing, disguising or converting criminal property contrary to s.327(l) of the 2002 Act, under … Continue reading Pace and Another v Regina: CACD 18 Feb 2014
The defendant had been convicted of supplying drugs, had had a confiscation made and had paid out under it. The prosecution sought a restraint order pending re-assessment. A further confiscation order was made. The defendant appealed, saying that this was not a case of assets having been concealed and that he should be allowed to … Continue reading Padda v Regina: CACD 12 Dec 2013
The defendant had pled not guilty to a charge of entering into a facility which would facilitate money laundering. The court upheld that plea. The prosecutor now appealed. Held: The appeal failed, although under section 328 it is not necessary for criminal property to exist at the moment when parties come to a prohibited arrangement, … Continue reading G and Another, Regina v: CACD 5 Dec 2013
appeal against a confiscation order under section 6 of the Proceeds of Crime Act 2002 Mr Justice Lewis [2014] EWCA Crim 1312 Bailii England and Wales Criminal Sentencing Updated: 22 November 2021; Ref: scu.533799
[2013] ScotCS CSIH – 81 Bailii 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 SCS 30-Apr-2009 . … Continue reading The Scottish Ministers v Stirton and Another: SCS 11 Oct 2013
The Revenue appealed against discharge of a restraint order. The discharge had been on the basis that some of the offences under investigation (perpetrating a fraud on the revenue) took place before the 2002 Act came into effect. Held: The appeal succeeded. Under the former law, criminal proceedings had to be about to be begun … Continue reading In re Hill and Others (Restraint Order): CACD 20 Dec 2005
The three sister defendants appealed against their convictions and sentences for converting and transferring criminal property. Their father had conducted a security business in a fraudulent manner, and they had been accused of being involved with its management. Each had denied knowing of any criminal activity. Elias LJ, MacKay J [2013] EWCA Crim 1262 Bailii … Continue reading William and Others v Regina: CACD 18 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
The court was asked whether, where the convicted person is one of a number of registered owners of land, each of whom has a beneficial tenancy in common in the land, and the land cannot be sold, mortgaged or leased without the consent of all the proprietors, the convicted person’s beneficial interest has any value … Continue reading Modjiri, Regina v: CACD 22 Apr 2010
Davis LJ, Edis J, Judge Patrick Field QC [2018] EWCA Crim 682, [2018] Crim LR 586, [2018] Lloyd’s Rep FC 334, [2018] WLR(D) 201, [2018] 2 Cr App R (S) 27, [2018] 1 WLR 5060 Bailii, WLRD Proceeds of Crime Act 2002 77 78 England and Wales Criminal Sentencing Updated: 12 November 2021; Ref: scu.624020
The defendants appealed against orders requiring them to disclose documents in an action regarding the payment of bribes, saying that the requirement effectively required them to incriminate themselves. Held: The appeal failed. The public interest required that those alleged to be in the possession of property belonging to a third party should be allowed to … Continue reading Kensington International Ltd v Republic of Congo: CA 7 Nov 2007
The claimant had been called upon to repair an unoccupied flat damaged by fire. He found a metal box containing andpound;18,000 in cash. He took it to the police. He now resisted their assertion that this represented the proceeds of crime and should be forfeited. The former occupants were not suspected of any criminal activity. … Continue reading Fletcher v Leicestershire Constabulary: Admn 1 Nov 2013
SCS Outer House – (i) The petitioners are the enforcement authority for Scotland for the purposes of part 5 of the Proceeds of Crime Act 2002. They sought, and were granted, a disclosure order in terms of section 391 of that Act, averring that certain property of which the respondent has knowledge was the subject … Continue reading In The Petition Scottish Ministers for A Disclosure Order In Respect of AM: SCS 19 Aug 2014
The appellant said that the police officers had acted unlawfully when collecting the evidence used against him, in that the information used to support the request for permission to undertake clandestine surveillance had been insufficiently detailed, and that the police had acted in breach of his article 8 rights in obtaining evidence by surveillance since … Continue reading Kinloch v Her Majesty’s Advocate: SC 19 Dec 2012
The defendants appealed against confiscation orders made on conviction for dealing with goods with intent to defraud the CandE of payable duty namely in bringing in excess numbers of cigarettes. Held: The appeal succeeded. In many cases the Customs and Excise had prosecuted on a basis which was invalidated by the alteration of the 1992 … Continue reading Regina v Khan; Regina v Lockett: CACD 12 Mar 2009
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 he said was argument, and not fact. Held: The case had been a simple … Continue reading Wiese v The UK Border Agency: Admn 29 Jun 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
Money laundering suspicion to be explained The customer sought to sue his bank for failing to meet his cheque. The bank sought to rely on the 2002 Act, having reported suspicious activity on freezing the account. He now appealed against summary judgment given for the bank which had refused to explain why it had made … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: CA 4 Feb 2010
The defendant appealed against a refusal of judicial review of an order that she forfeit a sum under the 2002 Act. 5,000 pounds in cash had been found at her house in a search for other matters. She had lied to the police about its provenance, but the court had found that there had been … Continue reading Harrison, Regina (on The Application of) v Birmingham Magistrate’s Court and Another: CA 25 Mar 2011
The claimant challenged the legality of a search warrant and the method of its execution on his home. He complained that the police had ensured publicity for the execution of the warrant. Held: The obtaining of a search warrant is never to be treated as a formality. It authorises the invasion of a person’s home. … Continue reading Redknapp and Another v Commissioner of the City of London Police and Another: Admn 23 May 2008
The defendant agreed to help a friend named Harrington to hide some money for a period. Under the arrangement Harrington transferred around andpound;123,000 into the defendant’s bank account. The defendant used some of it to make some purchases for Harrington and, after an interval, he repaid the balance to Harrington less about andpound;5,000. The prosecution’s … Continue reading Geary, Regina v: CACD 30 Jul 2010
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, but equally refused to award the defendant her costs. She now appealed against the refusal to … Continue reading Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another: CA 4 Feb 2010
The court was asked whether the Financial Services Authority had a power to prosecute money laundering offences under the 2002 Act, or whether, as contended by the defendant, its powers were limited to sections under the 2000 Act. Held: The defendant’s appeal failed. The FSA had the powers it contended for, and the provisions of … Continue reading Rollins, Regina v: SC 28 Jul 2010
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 claimants faced criminal charges involving allegations of fraud and corruption. They now challenged by judicial review a search and seizure warrant saying that it was unlawful. A restraint order had been made against them and they had complied with it and co-operated with the investigation, and they said that the strict conditions for an … Continue reading Mills and Another, Regina (on The Application of) v Sussex Police and Another: Admn 25 Jul 2014
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 RCPO appealed against refusal of permission to continue their application for a confiscation order. The defendant had been convicted of conspiracy to supply class A drugs, but said that the application was now out of time. Held: The appeal failed. Where a confiscation order application was to be made outside the two year time … Continue reading Regina v Iqbal; Revenue and Customs Prosecution Office (RCPO) v Iqbal: CACD 3 Feb 2010
The court was asked whether the Financial Services Authority had itself the power to prosecute offences under the 2002 Act. The defence said that the FSA’s powers were limited to offences under the 2000 Act. The FSA relied on its common law power to bring a prosecution. Held: the FSA was not a statutory body, … Continue reading Rollins, Regina v: CACD 9 Oct 2009
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
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 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
Costs of Wrongly Appointed Receiver ‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of … Continue reading Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014
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
The appellant had made a loan to a third party defendant in criminal fraud proceedings. At the time he did not know that that third party was subject to a restraint order under the 2002 Act. When he did come to know of the order he was asked to say it was a gift. He … Continue reading Kenny v Regina: CACD 30 Jan 2013
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
Application to cary restraint order. Behrens J [2012] EW Misc 17 (CrownC) Bailii Proceeds of Crime Act 2002 Criminal Sentencing Updated: 31 October 2021; Ref: scu.510056
. .
This appeal concerns confiscation proceedings brought under the 2002 Act and in particular the tainted gift provisions in that Act. . .
offences of concealing criminal property . .
