Category: confiscation

Regina (Horne and another) v Central Criminal Court – WLR Daily

Posted May 24th, 2012 in confiscation, jurisdiction, law reports, proceeds of crime, sentencing by sally

Regina (Horne and another) v Central Criminal Court [2012] EWHC 1350 (Admin); [2012] WLR (D) 156

“A ‘confiscation investigation’ within Part 8 of the Proceeds of Crime Act 2002 could take place after a confiscation order had been made. Therefore a judge could have jurisdiction to issue a search warrant or disclosure order, pursuant to sections 352 and 357 respectively of the 2002 Act, provided they were limited to investigating the extent or whereabouts of property obtained as a result of or in connection with the commission of an offence.”

WLR Daily, 22nd May 2012

Source: www.iclr.co.uk

Regina v Bagnall; Regina v Sharma – WLR Daily

Posted April 25th, 2012 in appeals, confiscation, human rights, law reports, proceeds of crime by sally

Regina v Bagnall; Regina v Sharma [2012] EWCA Crim 677; [2012] WLR (D) 118

“Where, in confiscation proceedings, the Crown accused an offender of an additional specific offence for which he had not been prosecuted and adduced evidence to make that accusation good, that did not amount to the bringing of a new charge. Since the defendant was not at risk of any further conviction and there was no finding of guilt, the findings reached by the judge, applying the statutory assumptions, merely went to the amount of the order the court was obliged to make. There was no unfairness in requiring a defendant to show that the source of his assets was legitimate.”

WLR Daily, 18th April 2012

Source: www.iclr.co.uk

Courts confiscate firearms and knives in east of England – BBC News

Posted April 10th, 2012 in confiscation, courts, firearms, freedom of information, news, offensive weapons by sally

“Seven firearms, about 50 replica guns and nearly 3,000 knives have been confiscated in courts in the east of England over the past three years, the BBC can reveal.”

Full story

BBC News, 9th April 2012

Source: www.bbc.co.uk

Ministry of Justice making no progress in collecting fines – The Guardian

Posted March 20th, 2012 in confiscation, fines, news, reports by sally

“About £2bn is due to the Ministry of Justice in uncollected confiscation orders and fines, said a report published on Tuesday.”

Full story

The Guardian, 20th March 2012

Source: www.guardian.co.uk

Regina v Ahmad and another – WLR Daily

Posted March 8th, 2012 in appeals, confiscation, fraud, law reports, VAT by sally

Regina v Ahmad and another [2012] EWCA Crim 391; [2012] WLR (D) 62

“Sums banked as the result of the sale or purported sale of goods by a buffer company in the course of a carousel fraud generating false claims for the repayment of VAT were not property obtained ‘in connection with [the] commission’ of the offence within section 71(4) of the Criminal Justice Act 1988.”

WLR Daily, 2nd March 2012

Source: www.iclr.co.uk

Arran Coghlan: Court orders businessman to lose home – BBC News

Posted March 5th, 2012 in confiscation, drug trafficking, money laundering, news by tracey

“A businessman, cleared of three murder charges and drugs dealing, has been ordered to hand his home to the Serious and Organised Crime Agency (Soca).”

Full story

BBC News, 5th March 2012

Source: www.bbc.co.uk

In re Peacock (Secretary of State for the Home Dept intervening) – WLR Daily

Posted February 24th, 2012 in confiscation, drug trafficking, law reports, proceeds of crime by tracey

In re Peacock (Secretary of State for the Home Dept intervening): [2012] UKSC 5;  [2012] WLR (D)  42

“Where a compensation order had been made against a convicted drug trafficker under the Drug Trafficking Act 1994 (which applied where the relevant conviction was before 24 March 2003) to recover an amount equal to his benefit from that criminal activity, but the actual amount of the order was for a lesser sum as being his only realisable assets at the time of conviction, the court could later increase the amount of the order under section 16 of the Act to take account of assets he had legitimately acquired after release from prison.”

WLR Daily, 22nd February 2012

Source: www.iclr.co.uk

Regina v James and another – WLR Daily

Posted January 5th, 2012 in appeals, confiscation, law reports, sentencing by tracey

Regina v James and another; [2011] EWCA Crim 2991;  [2011] WLR (D)  389

“Expenditure on scales, machinery parts, rent and wages for casual workers were not sums obtained as a result of or in connection with criminal conduct, in this case the evasion of excise duty on tobacco products, and therefore did not amount to a benefit from criminal conduct for the purposes of section 76(4) of the Proceeds of Crime Act 2002.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Regina v Barnett – WLR Daily

Posted January 3rd, 2012 in appeals, confiscation, law reports, prostitution, sentencing by tracey

Regina v Barnett; [2011] EWCA Crim 2936;  [2011] WLR (D)  385

“In relation to proceedings in which a defendant’s benefit from general criminal conduct was assessed the court was ‘entitled’ to make the assumptions provided for in section 10 of the Proceeds of Crime Act 2002 even if the prosecution had not given the written preliminary notice provided for in section 71(2) of the Criminal Justice Act 1988. The Court of Appeal (Criminal Division) so held in allowing an appeal by the defendant, Ian Stanley Barnett, against a confiscation order made by Judge Hernandez in the Crown Court at Manchester on 2 February 2011 on the basis of an assessment that the defendant’s financial benefit from his general criminal conduct was £5,085,22·70 and substituting the figure of £873,010.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

 

Designated Officer for Sunderland Magistrates Court v Krager and another – WLR Daily

Posted December 16th, 2011 in charging orders, confiscation, enforcement, judgments, law reports by tracey

Designated Officer for Sunderland Magistrates Court v Krager and another: [2011] EWHC 3283 (Ch);  [2011] WLR (D)  367

“The Crown Court did not have exclusive jurisdiction in relation to all aspects of the enforcement of confiscation orders.”

WLR Daily, 14th December 2011

Source: www.iclr.co.uk

Former gang leader Terry Adams back in jail for hiding big spending – The Guardian

Posted November 28th, 2011 in confiscation, money laundering, news by sally

“The one-time gangland boss Terry Adams paid £7,500 for a Harley Street facelift during a spending spree that he hid from the authorities, a court heard.”

Full story

The Guardian, 25th November 2011

Source: www.guardian.co.uk

Father has £108,000 taken from bank in record child support payment seizure – Daily Telegraph

Posted October 7th, 2011 in child support, confiscation, news by sally

“A father had £108,000 forcibly taken from his bank in a record child support payment seizure.”

Full story

Daily Telegraph, 6th October 2011

Source: www.telegraph.co.uk

Natural History Museum thief ordered to pay thousands – BBC News

Posted August 1st, 2011 in confiscation, news, proceeds of crime, theft by tracey

“A student who stole 299 rare bird skins from a Hertfordshire museum had been ordered to pay £125,150 under the Proceeds of Crime Act.”

Full story

BBC News, 30th July 2011

Source: www.bbc.co.uk

Sins of the mother must be visited upon son, court rules – Daily Telegraph

Posted July 22nd, 2011 in confiscation, debts, news by sally

“A music student at Cambridge University has been stripped of his picturesque Scottish island home after a court ruled it must be sold to pay off his criminal mother’s debts.”

Full story

Daily Telegraph, 22nd July 2011

Source: www.telegraph.co.uk

Regina v Bajwa and others – WLR Daily

Posted May 11th, 2011 in appeals, confiscation, counterfeiting, customs and excise, law reports, proceeds of crime by sally

Regina v Bajwa and others [2011] EWCA Crim 1093; [2011] WLR (D) 151

“In assessing, for the purposes of imposing a confiscation order, whether a defendant had a criminal lifestyle the question of whether the offence had been committed over a period of at least six months related to each particular defendant’s part in the offence.”

WLR Daily, 6th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Offenders ‘could have goods seized’ – The Independent

Posted February 8th, 2011 in ASBOs, confiscation, news by sally

“Offenders could be stripped of prized possessions such as iPods under proposals to give police better powers to tackle anti-social behaviour, the Home Office said today.”

Full story

The Independent, 7th February 2011

Source: www.independent.co.uk

Glaves v Crown Prosecution Service – WLR Daily

Posted February 7th, 2011 in certificates of inadequacy, confiscation, law reports by sally

Glaves v Crown Prosecution Service [2011] EWCA Civ 69; [2011] WLR (D) 37

“On an application by a defendant for a certificate of inadequacy in relation to a confiscation order under section 83 of the Criminal Justice Act 1988 an investigation of the facts was required so that it was not appropriate to determine as a preliminary issue whether the application was bound to fail.”

WLR Daily, 4th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Conman who stole £120,000 ordered to repay £1 – Daily Telegraph

Posted January 7th, 2011 in confiscation, fraud, misrepresentation, news by sally

“A conman who stole more than £120,000 from customers who thought they were renting holiday villas has been ordered to repay just £1.”

Full story

Daily Telegraph, 5th January 2011

Source: www.telegraph.co.uk

Regina v Constantine – WLR Daily

Posted November 11th, 2010 in confiscation, costs, law reports, proceeds of crime, sentencing by sally

Regina v Constantine [2010] EWCA Crim 2406; [2010] WLR (D) 28

“A court had to take account of a confiscation order before making any order ‘involving payment by the defendant’ of costs relating to all of the proceedings that had gone on thus far.”

WLR Daily, 10th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Drug dealer stripped of £550,000 assets – The Independent

Posted October 15th, 2010 in confiscation, drug offences, news by sally

“A jailed drug dealer was stripped of more than half a million pounds of assets today – including his house, yacht and three flats.”

Full story

The Independent, 15th October 2010

Source: www.independent.co.uk