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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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).’

Full Story

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.’

Full Story

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.’

Full Story

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).’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Legal Futures, 3rd June 2019

Source: www.legalfutures.co.uk

Environment Agency obtains £200k confiscation order against waste operator – Local Government Lawyer

Posted March 26th, 2019 in confiscation, environmental protection, news, waste by sally

‘The Environment Agency has secured a £200,000 confiscation order against a waste operator over environmental offences at sites he operated with his brother in Swindon.’

Full Story

Local Government Lawyer, 25th March 2019

Source: www.localgovernmentlawyer.co.uk

Autonomy founder Mike Lynch faces UK high court and fresh charges in US – The Guardian

Posted March 25th, 2019 in confiscation, conspiracy, fraud, money laundering, news, proceeds of crime by sally

‘Autonomy founder Mike Lynch will on Monday begin his high court defence against accusations that he perpetrated a $5bn (£3.8bn) fraud, as US prosecutors unveiled fresh criminal charges accusing the British businessman of a cover-up.’

Full Story

The Guardian, 24th March 2019

Source: www.theguardian.com

Police and council acted unlawfully when using 1847 law to seize sheep – Local Government Lawyer

Posted March 21st, 2019 in animals, compensation, confiscation, damages, local government, news, police by tracey

‘A council and the police acted unlawfully when they used a Victorian law against a shepherd whose sheep had entered a village.’

Full Story

Local Government Lawyer, 21st March 2019

Source: www.localgovernmentlawyer.co.uk

Cross-party calls for rogue landlords to lose properties – The Guardian

Posted November 30th, 2018 in confiscation, housing, landlord & tenant, news by sally

‘MPs have called on the government to confiscate properties from the country’s worst landlords after a series of revelations about tenants being exploited by rogue sections of the private rented housing sector.’

Full Story

The Guardian, 29th November 2018

Source: www.theguardian.com

London borough secures £450k confiscation over ‘beds in sheds’ – Local Government Lawyer

‘Ealing Council has obtained a confiscation order of nearly £450,000 against a landlord who ignored enforcement notices over ‘beds in sheds’ at one of her rental properties.’

Full Story

Local Government Lawyer, 26th November 2018

Source: www.localgovernmentlawyer.co.uk

Owner of unauthorised scrap yard hit for £200k in fines, costs and confiscation – Local Government Lawyer

Posted November 12th, 2018 in confiscation, costs, enforcement notices, fines, news, proceeds of crime, waste by tracey

‘The owner of an unauthorised scrap yard in South Staffordshire was last month fined £24,000 and ordered to pay court costs of £28,280 at Birmingham Crown Court.’

Full Story

Local Government Lawyer, 12th November 2018

Source: www.localgovernmentlawyer.co.uk

Confiscation regime review to ensure crime doesn’t pay – Law Commission

‘Confiscation laws will be reviewed to ensure they’re effectively depriving convicted offenders of their ill-gotten gains, the Law Commission has announced today.’

full press release

Law Commission, 7th November 2018

Source: www.lawcom.gov.uk