The defendant had successfully appealed a confiscation order which had been made without jurisdiction, but now claimed that that exempted those assets from later civil proceedings to recover the criminal proceeds.
Held: The failure of the previous criminal confiscation proceedings did not prevent the later making of civil recovery orders. The exceptions allowed under section 308 could not have applied. To allow them to apply would be to allow just the sort of technical mischief which the 2002 Act was designed to prevent.
Judges:
Brooke, Latham, Lloyd LJJ
Citations:
[2005] EWCA Civ 580, Times 31-May-2005
Links:
Statutes:
Proceeds of Crime Act 2002 308
Jurisdiction:
England and Wales
Citing:
See Also – Sekhon, etc v Regina CACD 16-Dec-2002
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements.
Held: The courts must remember the importance of such procedures in the fight against crime, . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 30 June 2022; Ref: scu.224924