A cash sum of andpound;87,000 was transferred. The defendants appealed against a ruling under the 1996 Act, saying that at the time of its transfer, the property did not represent criminal property under the Act.
Held: The pre-conditions for holding a preliminary hearing under the 1996 Act had not applied, and the appeal should not have been brought forward. Nevertheless, the court had heard full argument and could give its opinion. The 2002 Act required that for an offence to be committed under the 2002, the property had to be criminal property within the appropriate definition at the time of the transfer. That it later came within that definition was not sufficient.
Judges:
Clarke LJ, Hughes J, Dobbs J
Citations:
Times 23-Jun-2005, [2005] EWCA Crim 1579, [2005] Crim LR 885, [2005] 2 Cr App R 37
Links:
Statutes:
Proceds of Crime Act 2002 32791)(d), Criminal Procedure and Investigations Act 1996 35
Jurisdiction:
England and Wales
Citing:
Applied – Regina v Edwards, Denton and Jackson Hendley Crowley; Attorney General’s Reference (No. 1 of 2004) CACD 29-Apr-2004
The court considered references by the Attorney-General with regard to offences imposing a burden of proof upon the defendant. ‘An evidential burden will be discharged by a defendant by ensuring that there is some evidence before the court which . .
Cited by:
See Also – Loizou, Regina v CACD 14-Jul-2006
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, . .
Cited – Regina v Crown Prosecution Service, Re Interlocutory Application CACD 7-Sep-2005
The defendants in a forthcoming trial had applied for disclosure of surveillance tapes (some 15,000 hours) made during the investigations anticipating an application for a finding of abuse of process. Some had been served, but the prosecutor now . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 01 July 2022; Ref: scu.227912