‘This appeal concerns the competing rights of (1) the National Crime Agency (‘the NCA’) to obtain a civil recovery order (‘a CRO’) under Part 5 of the Proceeds of Crime Act 2002 (‘POCA’) in respect of property derived from unlawful conduct and (2) a wholly innocent former wife of the criminal, who would be left without any assets if such an order was made, to resist such an order on the grounds that it would be contrary to her rights under Article 1 of the First Protocol (‘A1P1’) to the European Convention on Human Rights (‘the Convention’).’
Sir Terence Etherton Ch HC, Patten, Christopher Clarke LJJ
[2015] EWCA Civ 1234
Bailii
Proceeds of Crime Act 2002, European Convention on Human Rights A1P1
England and Wales
Family, Criminal Sentencing, Human Rights
Updated: 07 January 2022; Ref: scu.556267