Mirchandani v Lord Chancellor [2020] EWCA Civ 1260 – CrimeCast.Law

‘The case was concerned with a private prosecution for fraud offences, which had ultimately resulted in a £20 million confiscation order and £17 million compensation orders. The private prosecutor’s unsuccessful submissions against a third party in proceedings to enforce the confiscation order had led to the unusual spectacle of the Lord Chancellor intervening and persuading a High Court judge to reverse her decision on a jurisdictional question and set aside the order she had previously made. It prompted the Court of Appeal (Civil Division) to conduct a comprehensive review of the primary and secondary legislation and the authorities on private prosecutions, confiscation, costs and the sometimes blurred lines between criminal and civil proceedings.’

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CrimeCast.Law, 24th November 2020

Source: crimecast.law

Private prosecutor bringing High Court enforcement proceedings can claim costs from central funds (Mirchandani v Chancellor) – 5SAH

Posted November 19th, 2020 in confiscation, costs, enforcement, news, proceeds of crime, third parties by sally

‘The court held that a private prosecutor was entitled to recover their costs from central funds in relation to a High Court application for enforcement of a confiscation order. Such proceedings are “in respect of an indictable offence” for the purposes of section 17 of the Prosecution of Offences Act 1985 (POA 1985). The court also held that, where the private prosecutor, in the same proceedings, had been ordered to pay the costs of a third party (having unsuccessfully asserted that the third party had been in receipt of a tainted gift), then those costs were also recoverable from central funds. While the confiscation proceedings in question had arisen under the Criminal Justice Act 1988 (CJA 1988), the court held that the same principles would apply under the Proceeds of Crime Act 2002 (POCA 2002).’

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5SAH, 13th November 2020

Source: www.5sah.co.uk

A ruling delivered in open court or in writing is capable of amounting to a confiscation order (R v Westbrook) – 5SAH

‘The Court of Appeal ruled that, as with other orders, the judge’s solemn pronouncement in court was the order and a failure to draw up a formal written document within the prescribed two-year period from the date of sentence did not invalidate it. In any event, the judge had provided written reasons, findings and figures which satisfied the statutory requirements of the Proceeds of Crime Act 2002 (POCA 2002). The Court of Appeal ruled that in the absence of prejudice or unfairness resulting from an administrative or procedural breach, it could not be argued that a failure to draw up the order rendered it invalid. The second ground of appeal (that the judge had wrongly concluded that there were hidden assets) was unarguable and leave to appeal was refused.’

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5SAH, 20th October 2020

Source: www.5sah.co.uk

Mirchandani– some good news for Private Prosecutors – 2 Hare Court

Posted October 27th, 2020 in confiscation, costs, news, private prosecutions by sally

‘It is well established that private prosecutors may pursue confiscation proceedings in the Crown Court and that confiscation proceedings, as part of the sentencing process, are properly classified as part of the criminal proceedings. As such, if successful, a private prosecutor can expect to recover from central funds costs incurred in such proceedings, under s.17 of the Prosecution of Offences Act 1985, which, as amended, provides that a court may award such costs in “any” proceedings “in respect of an indictable offence”; and, in any proceedings before a Divisional Court of the QBD or the Supreme Court “in respect of a summary offence”.’

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2 Hare Court, 13th October 2020

Source: www.2harecourt.com

Unexplained Wealth Orders: Suspected money launderer gives up £10m of property – BBC News

‘Around £10m of property has been surrendered in a major victory against some of northern England’s most dangerous criminals. The apartments and homes were given up to the National Crime Agency by a Leeds businessman who investigators suspect of being a major money-launderer.’

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BBC News, 7th October 2020

Source: www.bbc.co.uk

‘Basil’ from the Hatton Garden security vault heist ordered to pay almost £6million – Crown Prosecution Service

‘One of the ringleaders from the Hatton Garden security vault heist has today been ordered to pay £5,997,684.93. Michael Seed, known as “Basil”, 58, was convicted in March 2019 for his part in the £13.69 million heist, believed to be one of the largest burglaries in English history.’

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Crown Prosecution Service, 1st October 2020

Source: www.cps.gov.uk

Law Commission consults on reforms to confiscation regime – Local Government Lawyer

Posted September 22nd, 2020 in confiscation, consultations, enforcement, Law Commission, news, proceeds of crime by sally

‘The Law Commission has launched a consultation on proposals to reform the confiscation regime which it says “could help recover an extra £8m per year from convicted criminals, by more accurately and efficiently determining a defendant’s criminal proceeds and more effectively enforcing confiscation orders”.’

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Local Government Lawyer, 21st September 2020

Source: www.localgovernmentlawyer.co.uk

Reforms to confiscation regime to recover £8 million more per year – Law Commission

‘Proposals to reform the confiscation regime could help recover an extra £8 million per year from convicted criminals, by more accurately and efficiently determining a defendant’s criminal proceeds and more effectively enforcing confiscation orders. The proposals are outlined in a consultation paper published today [17 September 2020] by the Law Commission of England and Wales.’

Full press release

Law Commission, 17th September 2020

Source: www.lawcom.gov.uk

Sentencing and confiscation in prosecutions for breaches of planning enforcement notices (R v Roth): Sarah Wood for Lexis Nexis – 5SAH

‘This case involved an appeal against a fine and a confiscation order following criminal proceedings for breach of an enforcement notice served under the Town and Country Planning Act 1990 (TCPA 1990). The appellant, Mr Roth, had converted a property into 12 self-contained flats without prior planning permission. His appeal against sentence was successful; insufficient credit had been given for his guilty plea in the Crown Court, where the case had been committed for the purposes of confiscation. The appeal against the confiscation order was advanced on three grounds: firstly, that the wording of the summons restricted the criminality to one day; secondly, that the rent received was not linked to the breach of the planning legislation; and thirdly, that it was disproportionate for the benefit figure to comprise the gross rental received. All three grounds were dismissed.’

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5SAH, 24th August 2020

Source: www.5sah.co.uk

Council loses appeal over £200 confiscation order in housing case when benefit said to be several hundreds of thousands of pounds – Local Government Lawyer

‘The London Borough of Islington has lost “a most unusual” Court of Appeal action in which it argued that a confiscation order in a housing overcrowding case was too lenient.’

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Local Government Lawyer, 27th August 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal dismisses legal challenge over confiscation orders and costs of removing contaminated waste – Local Government Lawyer

Posted August 28th, 2020 in appeals, confiscation, Crown Court, environmental health, news, notification, waste by sally

‘The Court of Appeal has rejected a case in which two men argued that a Crown Court judge miscalculated confiscation orders made following a prosecution by the Environment Agency.’

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Local Government Lawyer, 27th August 2020

Source: www.localgovernmentlawyer.co.uk

Landlord who converted house in 12 flats loses appeal over £500k+ confiscation order – Local Government Lawyer

Posted July 28th, 2020 in appeals, confiscation, fines, news, planning by sally

‘A defendant who turned a house into 12 flats without planning permission has lost an appeal over the subsequent imposition of a confiscation order for more than £500,000.’

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Local Government Lawyer, 27th July 2020

Source: www.localgovernmentlawyer.co.uk

Case Preview: R v Hilton (Northern Ireland) – UKSC Blog

Posted June 30th, 2020 in confiscation, news, Northern Ireland, proceeds of crime, Supreme Court by sally

‘In this post, James Warshaw, an associate in the Dispute Resolution team at CMS, previews the decision which is expected to be handed down tomorrow, 1 July 2020, in the matter of R v Hilton (Northern Ireland).’

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UKSC Blog, 30th June 2020

Source: ukscblog.com

Property owners found guilty over illegal sub-division of building after ten year battle with council – Local Government Lawyer

‘Two joint property owners have been found guilty of illegally sub-dividing a building into seven substandard flats in a prosecution brought by the London Borough of Camden.’

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Local Government Lawyer, 25th June 2020

Source: www.localgovernmentlawyer.co.uk

Landlord fails in bid to vacate earlier guilty plea amid claims council was improperly motivated by prospect of confiscation windfall – Local Government Lawyer

‘A landlord has failed in a judicial review challenge after he was refused permission to vacate a guilty plea in relation to an enforcement notice, amid claims that a council was improperly motivated by an expected windfall from a confiscation order.’

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Local Government Lawyer, 19th June 2020

Source: www.localgovernmentlawyer.co.uk

Council secures £400k+ confiscation order against landlord over house in multiple occupation with 15 tenants – Local Government Lawyer

‘Joint action by Hillingdon Council’s planning enforcement and trading standards teams has seen a Hayes landlord ordered to pay more than £430,000 after she turned her property into an illegal House in Multiple Occupation (HMO).’

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Local Government Lawyer, 2nd December 2019

Source: www.localgovernmentlawyer.co.uk

Failure to pay confiscation order leaves recycling fraudster facing further eight years in prison – Local Government Lawyer

Posted September 3rd, 2019 in assets recovery, confiscation, fraud, news, proceeds of crime, waste by sally

‘A defendant convicted of defrauding the electrical waste recycling industry has been sentenced to prison for a further eight years after he failed to meet a £1.3m confiscation order.’

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Local Government Lawyer, 29th August 2019

Source: www.localgovernmentlawyer.co.uk

Bitcoin worth £900,000 seized from hacker to compensate victims – The Guardian

‘A judge has ordered the confiscation of bitcoin worth more than £900,000 from a jailed hacker in the first case of its kind for the Metropolitan police.’

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The Guardian, 23rd August 2019

Source: www.theguardian.com

Mother of epileptic girl ‘shattered’ after medical cannabis oil seized for second timeMother of epileptic girl ‘shattered’ after medical cannabis oil seized for second time – The Independent

Posted June 7th, 2019 in children, confiscation, drug offences, drug trafficking, medicines, news by tracey

‘A mother attempting to bring medical cannabis into the country for her severely epileptic daughter said she was “exhausted and shattered” after a second batch was seized by authorities.’

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The Independent, 7th June 2019

Source: www.independent.co.uk

Solicitor hit with £500k POCA fine for using house as office – Legal Futures

Posted June 3rd, 2019 in confiscation, enforcement, news, planning, proceeds of crime, solicitors by sally

‘A West London solicitor has hit with a £500,000 confiscation order for repeatedly disregarding warnings from his local council to stop using a home as an office for his firm.’

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Legal Futures, 3rd June 2019

Source: www.legalfutures.co.uk