When considering a confiscation order which would affect the wife of the accused, and where property is held in joint names, the court should start with the prima facie position as to where the beneficial interests lay and then go on to find whether there are gifts caught by the Act which ought then to increase the realisable value of the property within the meaning of section 6 of the Act.
Judges:
Brooke LJ
Citations:
[1996] EWCA Crim 864, [1997] 1 Cr App R (S)325
Links:
Statutes:
Drug Trafficking Act 1994 31(4)
Jurisdiction:
England and Wales
Cited by:
Cited – Gibson v Revenue and Customs Prosecution Office CA 12-Jun-2008
The claimant’s husband had been made subject to a criminal confiscation order in the sum of pounds 5.5 million. She now sought to appeal an action against life policies in which she claimed a 50% interest.
Held: Despite the finding that she . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 08 October 2022; Ref: scu.148528
