Confiscation proceeding are themselves broadly criminal in nature. The judge can decide issues on the balance of probabilities, compel the defendant to disclose documents, draw adverse inferences from the absence of evidence, and rely on hearsay evidence.
Judges:
Gross LJ, Butterfield J, Roderick Evans J
Citations:
[2011] EWCA Crim 446, [2011] 2 Crim App R(S) 101
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Kenny v Regina CACD 30-Jan-2013
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 . .
Cited – Ahmad, Regina v SC 18-Jun-2014
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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence, Criminal Practice
Updated: 03 September 2022; Ref: scu.430317
