Regina v Khan Regina v Lockett; Regina v Carrington – Times Law Reports

Posted April 23rd, 2009 in confiscation, customs and excise, law reports by sally

Regina v Khan Regina v Lockett; Regina v Carrington

Court of Appeal (Criminal Division)

“Confiscation orders made under old regulations in tobacco-smuggling cases had to be quashed because the prosecuting authority had overlooked the fact that new regulations had narrowed the categories of persons liable to pay excise duty.”

The Times, 23rd April 2009

Source: www.timesonline.co.uk

Regina v Winters – Times Law Reports

Posted January 12th, 2009 in confiscation, drug trafficking, law reports by sally

Regina v Winters

Court of Appeal (Criminal Division)

“For the purpose of making the required assumptions in order to determine whether a defendant had benefited from drug trafficking, the Crown was required to prove on the balance of probabilities that the defendant had made payments out of payments received by him in connection with his drug trafficking. Prima facie evidence that the defendant had incurred such expenditure was insufficient.”

The Times, 12th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R v Winters – WLR Daily

Posted December 16th, 2008 in confiscation, drug trafficking, law reports by sally

R v Winters:[2008] EWCA Crim 2953; [2008] WLR (D) 387

For the purpose of making the required assumptions in relation to determining whether the defendant had benefited from drug trafficking, the Crown was required to prove on the balance of probabilities that expenditure on mortgage payments was incurred by the defendant out of payments received by him in connection with his drug trafficking. Prima facie evidence that the defendant had incurred such expenditure was insufficient.”

WLR Daily, 15th December 2008

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.


Regina v Moulden – Times Law Reports

Posted November 26th, 2008 in confiscation, indictments, law reports, proceeds of crime by sally

Regina v Moulden

Court of Appeal (Criminal Division)

“The words ‘proceedings before the crown court’ in section 6(2)(a) of the Proceeds of Crime Act 2002 meant proceedings under a single indictment. The expression did not cover everything, in whatever form, before the court on the date when sentence was to be imposed.”

The Times, 26th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Court cuts ‘compromising judges’ – BBC News

Posted November 18th, 2008 in confiscation, fines, news by sally

“A leading judge has told the BBC he fears a conflict of interest as courts increasingly depend on income from fines and confiscations to operate.”

Full story

BBC News, 18th November 2008

Source: www.bbc.co.uk

Grayson v United Kingdom – Times Law Reports

Posted October 2nd, 2008 in confiscation, human rights, law reports, proceeds of crime, proof by sally

Grayson v United Kingdom

European Court of Human Rights

“It was not incompatible with the notion of a fair hearing in criminal proceedings for the onus of proof to be placed on the accused to provide a credible account of his financial situation, once it has been proved that he had been involved in extensive and lucrative drug dealing over a period of years.”

The Times, 2nd October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Police must repay money taken from cleric’s son – The Independent

Posted September 19th, 2008 in confiscation, news, police, terrorism by sally

“The police have been ordered to return £14,000 they confiscated from the son of an exiled Muslim cleric after a judge ruled the cash was not intended for ‘terrorist purposes’.

Full story

The Independent, 19th September 2008

Source: www.independent.co.uk

Serious Fraud Office v Lexi Holdings plc (in Administration) and Another – The Times

Posted August 18th, 2008 in confiscation, fraud, law reports, proceeds of crime, trusts by sally

Serious Fraud Office v Lexi Holdings plc (in Administration) and Another

Court of Appeal (Criminal Division)

“A restraint order should not be varied to allow for the payment of a debt to an unsecured creditor.”

The Times, 18th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Serious Fraud Office v Lexi Holdings plc (in Administration) and M – WLR Daily

Posted July 14th, 2008 in confiscation, fraud, law reports, proceeds of crime, trusts by sally

Serious Fraud Office v Lexi Holdings plc (in Administration) and M [2008] EWCA Crim 1443; [2008] WLR (D) 235

A restraint order should not be varied so as to allow for the payment of a debt to an unsecured creditor unless there was no conflict with the object of satisfying any confiscation order that had been or might be made.”

WLR Daily, 11th July 2008

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.

Gibson v Revenue and Customs Prosecution Office – Times Law Reports

Gibson v Revenue and Customs Prosecution Office

Court of Appeal

“When a confiscation order was made against a convicted drug dealer, his wife was entitled to keep her 50 per cent interest in the matrimonial home, despite a finding in the confiscation proceedings that she had guilty knowledge of the source of her husband’s wealth. The court had no power to supplement the provisions of the Drug Trafficking Act 1994 so as to bring her share of the equity in the matrimonial home within the order.”

The Times, 14th July 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Jailed marine hose executives ordered to repay £1m – The Times

Posted July 1st, 2008 in confiscation, news, price fixing by sally

“Two businessmen jailed last month in the UK’s first price-fixing prosecution have been ordered to surrender over £1 million of assets at a confiscation hearing.”

Full story

The Times, 1st July 2008

Source: www.timesonline.co.uk

Appeal court says criminals’ wives’ assets untouchable – The Independent

Posted June 23rd, 2008 in confiscation, married persons, news, proceeds of crime by sally

“Millions of pounds worth of criminal assets, including luxury homes and jewellery, will remain out of the reach of the state after a landmark ruling by the Appeal Court.”

Full story

The Independent, 23rd June 2008

Source: www.independent.co.uk

Gibson v Revenue and Customs Prosecution Office – WLR Daily

Posted June 16th, 2008 in confiscation, drug trafficking, law reports, married persons by sally

Gibson v Revenue and Customs Prosecution Office [2008] EWCA Civ 645; [2008] WLR (D) 189

“The wife of a convicted drug dealer was entitled to keep her interest in the matrimonial home despite a finding in confiscation proceedings that she had guilty knowledge of the source of her husband’s wealth. The Drug Trafficking Act 1994 did not give the court power to bring her share of the equity in the matrimonial home within the confiscation order, since the assets were hers without any court order in her favour.”

WLR Daily, 12th June 2008

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.

Jennings v Crown Prosecution Service – WLR Daily

Posted May 19th, 2008 in confiscation, law reports by sally

Jennings v Crown Prosecution Service [2008] UKHL 29; [2008] WLR (D) 153

“Orders for the confiscation criminal assets, or orders restraining the disposal of property pending the hearing of a confiscation order, were to be made in respect of property which the person had actually obtained, not property he had merely helped others to obtain.”

WLR Daily, 16th May 2008

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.

R v Green – WLR Daily

Posted May 19th, 2008 in confiscation, drug trafficking, law reports, proceeds of crime by sally

R v Green [2008] UKHL 30; [2008] WLR (D) 152

The Drug Trafficking Act 1994 fell to be construed without regard to legislation in other countries which had chosen to give effect to common international obligations in a different way.”

WLR Daily, 16th May 2008

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.

R v May – WLR Daily

Posted May 19th, 2008 in confiscation, law reports, proceeds of crime by sally

R v May [2008] UKHL 28; [2008] WLR (D) 151

“Where co-defendants had jointly received property as a result of criminal activity, each was liable to receive a confiscation order representing the entire value, as if he had acted alone, provided he had sufficient assets to meet the order.”

WLR Daily, 16th May 2008

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.

Jennings v Crown Prosecution Service – Times Law Reports

Posted May 19th, 2008 in confiscation, law reports by sally

Jennings v Crown Prosecution Service

House of Lords

“Confiscation orders, or restraint of property orders pending the making of such orders, were to be made in respect of property which the person had actually obtained, not that he had merely helped others to obtain.”

The Times, 19th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v May – Times Law Reports

Posted May 15th, 2008 in confiscation, law reports, proceeds of crime by sally

Regina v May

House of Lords

“Where codefendants had jointly received property as a result of criminal activity, each was liable to receive a confiscation order representing the entire value, as if he had acted alone, provided he had sufficient assets to meet the order.”

The Times, 15th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Drugs offender keeps £4.5m after 30 barristers refuse to take case – The Times

Posted May 6th, 2008 in barristers, confiscation, fees, legal aid, news by sally

“A convicted drugs offender has escaped a confiscation order for up to £4.5 million of his assets because legal aid barristers would not take on the case for the fixed fee of £175.25 a day.”

Full story

The Times, 6th May 2008

Source: www.timesonline.co.uk

Soca ‘failed’ to freeze cash of top criminals – Daily Telegraph

Posted March 17th, 2008 in confiscation, news, proceeds of crime by sally

“Police have yet to use powers to freeze suspected gangsters’ finances two years after the high-profile launch of an agency to tackle serious crime.”

Full story

Daily Telegraph, 17th March 2008

Source: www.telegraph.co.uk