Category: confiscation

Regina v Padda – WLR Daily

Posted December 18th, 2013 in appeals, assets recovery, confiscation, human rights, law reports, proceeds of crime, proportionality, restraint orders by sally

Regina v Padda [2013] EWCA Crim 2330; [2013] WLR (D) 496

‘Section 22(4)(a) of the Proceeds of Crime Act 2002 preserved an obligation on the court and a discretion to make a confiscation order which was just and in so doing it could take into account all relevant circumstances and had to take into account the legislative policy in favour of maximising the recovery of the proceeds of crime, even from legitimately acquired assets.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Confiscation orders take only 26p in every £100 from criminals, NAO finds – The Guardian

Posted December 18th, 2013 in assets recovery, auditors, confiscation, enforcement, fraud, news, proceeds of crime, statistics by sally

‘Confiscation orders designed to ensure crime does not pay provide neither value for money nor a credible deterrent as perpetrators keep all but 26p in every £100 generated by the criminal economy, according to a damning report.’

Full story

The Guardian, 17th December 2013

Source: www.guardian.co.uk

Jurors who search web during cases could be jailed under new proposals – The Guardian

Posted December 9th, 2013 in attorney general, confiscation, contempt of court, freedom of expression, imprisonment, internet, judiciary, juries, Law Commission, media, news, reporting restrictions by sally

‘Jurors should face up to two years in prison if they search the internet for information about cases beyond what is revealed in court, the Law Commission has recommended.’

Full story

The Guardian, 9th December 2013

Source: www.guardian.co.uk

Regina v Fields and others – WLR Daily

Posted November 20th, 2013 in appeals, assets recovery, confiscation, conspiracy, law reports, proceeds of crime, proportionality by sally

Regina v Fields and others [2013] EWCA Crim 2042; [2013] WLR (D) 440

“In a joint benefit case, where each defendant was found to have obtained the joint benefit, he was not required by a confiscation order under the Proceeds of Crime Act 2002 to disgorge benefit he had not obtained and a confiscation order made in the amount matching the correctly assessed benefit, was not disproportionate.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

Bomb detector conman James McCormick loses appeal bid – BBC News

Posted November 13th, 2013 in appeals, confiscation, explosives, fraud, Iraq, news, sentencing by tracey

“A UK businessman who sold fake bomb detectors around the world has lost a challenge against his 10-year sentence.”

Full story

BBC News, 12th November 2013

Source: www.bbc.co.uk

 

UK drug baron Curtis Warren ordered to pay £198m or face further 10 years in jail – The Independent

Posted November 6th, 2013 in assets recovery, confiscation, drug trafficking, news, sentencing by sally

“Curtis Warren, one of Britain’s most notorious drug smugglers, has been ordered to pay £198 million proceeds of his global empire or remain in prison for another 10 years.”

Full story

The Independent, 5th November 2013

Source: www.independent.co.uk

Szepietowski (Nee Seery) (Appellant) v The National Crime Agency (Respondent) – Supreme Court

Posted October 25th, 2013 in appeals, confiscation, equity, law reports, mortgages, national crime agency, proceeds of crime, Supreme Court by sally

Szepietowski (Nee Seery) (Appellant) v The National Crime Agency (Respondent) [2013] UKSC 65 | UKSC 2011/0196 (YouTube)

Supreme Court, 23rd October 2013

Source: www.youtube.com/user/UKSupremeCourt

Landlord handed £75K confiscation order after admitting planning breaches – Local Government Lawyer

Posted October 24th, 2013 in confiscation, landlord & tenant, news, planning, proceeds of crime by tracey

“A landlord who illegally split two houses into flats has been ordered to pay a London council £75,000 under the Proceeds of Crime Act.”

Full story

Local Government Lawyer, 23rd October 2013

Source: www.localgovernmentlawyer.co.uk

Regina v Smith (Kim) – WLR Daily

Posted October 24th, 2013 in appeals, confiscation, gifts, law reports, proceeds of crime, sentencing by tracey

Regina v Smith (Kim): [2013] EWCA Crim 502;   [2013] WLR (D)  398

“In proceedings for a confiscation order under the Proceeds of Crime Act 2002, the fact that an offender would not be able to recover a ‘tainted gift’ from the donee did not mean that the full value of that gift should not be counted towards the recoverable amount pursuant to section 9(1)(b) of the 2002 Act.”

WLR Daily, 8th March 2013

Source: www.iclr.co.uk

POSHFA! – NearlyLegal

Posted October 15th, 2013 in confiscation, crime, housing, landlord & tenant, news, rent by sally

“The Prevention of Social Housing Fraud Act comes into force tomorrow (Tuesday 15 October 2013) in England only. The text of the Act is here. A key point is the introduction of ‘Unlawful Profit Orders’, which get around the decision of the Court of Appeal in Sumal v Newham London Borough Council [2012] EWCA Crim 1840 that confiscation of rent was not possible because ‘the continued receipt of the rent was not the product of the appellants crime’. (Admittedly that was a prosecution for an unlicensed property in a selective licensing area under section 95(1) of the Housing Act 2004, but the point about confiscation not being enabled under statute had broader application).”

Full story

NearlyLegal, 14th October 2013

Source: www.nearlylegal.co.uk

Regina (Gibson) v Secretary of State for Justice – WLR Daily

Posted September 11th, 2013 in assets recovery, confiscation, Crown Court, drug trafficking, interest, law reports, magistrates, sentencing by tracey

Regina (Gibson) v Secretary of State for Justice: [2013] EWHC 2481 (Admin);   [2013] WLR (D)  344

“Where the Crown Court fixed a term of imprisonment in default of a sum recoverable under a confiscation order the words ‘at the time the period of detention was imposed’ in section 79(2) of the Magistrates’ Courts Act 1980 meant the time when the default term was activated by the magistrates’ court, not the time when it was fixed by the Crown Court, for the purposes of calculating a reduction in the term of imprisonment.”

WLR Daily, 4th September 2013

Source: www.iclr.co.uk

Syrian refugee jailed in UK for using false papers – The Guardian

Posted August 27th, 2013 in asylum, confiscation, Crown Prosecution Service, news, possession of false identity documents, refugees, sentencing by tracey

“Campaigners say conviction of asylum seeker for using fake papers and similar cases is abuse of immigration law.”

Full  story

The Guardian, 24th August 2013

Source: www.guardian.co.uk

Regina v Chapman – WLR Daily

Posted August 1st, 2013 in amendments, appeals, confiscation, law reports, proceeds of crime, sentencing, time limits by sally

Regina v Chapman [2013] EWCA Crim 1370; [2013] WLR (D) 318

“Once an appeal had been constituted by filing a notice of appeal in time or by obtaining an extension of time from the court, the order of the court below was subject to review and not final and the court could not justify refusing to allow the defendant to take advantage of a change in the law which occurred between the filing of the notice of appeal and the hearing itself.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Regina v Sale – WLR Daily

Posted July 29th, 2013 in company directors, confiscation, corruption, law reports, proportionality by sally

Regina v Sale [2013] EWCA Crim 1306; [2013] WLR (D) 304

“Where the defendant was the sole shareholder of a company for which he had secured commercial contracts by corruption, the assessment of the defendant’s criminal benefit for the purposes of a confiscation order could not be based on the turnover from the contracts because that would be disproportionate but should be restricted to the gross profit earned by the company together with any other pecuniary advantage which flowed from the corruption.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

Regina v Bestel; Regina v Raza; Regina v Bashir – WLR Daily

Posted July 23rd, 2013 in appeals, confiscation, law reports, sentencing, time limits by tracey

Regina v Bestel;  Regina v Raza;  Regina v Bashir [2013] EWCA Crim 1305 ; [2013] WLR (D) 296

“A change in the law since the date of conviction or plea of guilty was not regarded as good reason for granting an extension of time in which to appeal unless substantial injustice would follow from application of the principle of finality. In cases in which the benefit from criminal conduct had been assessed on a basis which was, if considered in the light of a change in the law, disproportionate, substantial injustice would not be established if an application to the Crown Court for rescission of the confiscation order would ameliorate the stringency of the application of the finality principle.”

WLR Daily, 19th July 2013

Source: www.iclr.co.uk

Regina v Harvey – WLR Daily

Posted July 9th, 2013 in appeals, confiscation, crime, law reports, sentencing, valuation by sally

Regina v Harvey [2013] EWCA Crim 1104; [2013] WLR (D) 268

“If a defendant obtained chattels as a result of his criminal conduct and used them over a substantial period, materially reducing their value before restoring them to their true owners, the court should not give credit for their residual value when making a confiscation order.”

WLR Daily, 3rd July 2013

Source: www.iclr.co.uk

Regina v Jawad – WLR Daily

Posted June 4th, 2013 in appeals, benefits, compensation, confiscation, law reports, proceeds of crime, proportionality by sally

Regina v Jawad [2013] EWCA Crim 644; [2013] WLR (D) 209

“There was no mandatory duty to take the confiscation order made under the Proceeds of Crime Act 2002 into account when deciding on a compensation order, but the question of compensation might have been relevant to disproportion, if compensation meant that money restored to the loser would have been counted again in the confiscation order, so it was necessary to consider both issues together.”

WLR Daily, 3rd May 2013

Source: www.iclr.co.uk

Illegal waste boss jailed after arrest on Heathrow runway – The Guardian

Posted May 28th, 2013 in confiscation, news, proceeds of crime, sentencing, waste by sally

“A 55-year old man was arrested on the runway of Heathrow airport as he tried to flee the country to avoid paying back the proceeds of his illegal waste business.”

Full story

The Guardian, 23rd May 2013

Source: www.guardian.co.uk

Regina v Johal – WLR Daily

Posted May 16th, 2013 in appeals, confiscation, criminal procedure, delay, law reports by sally

Regina v Johal [2013] EWCA Crim 647; [2013] WLR (D) 175

“When a court postponed confiscation proceedings the omission of a ‘specified period’ of postponement was plainly a procedural rather than a substantive error so that a court would not be deprived of its duty to make a confiscation order where such a breach did not prejudice the defendant in any way. Alternatively, if such a failure was indeed procedural it would fall within the ambit of section 14(11) of the Proceeds of Crime Act 2002 which stipulated that such a failure should not be the basis for quashing an otherwise valid confiscation order.”

WLR Daily, 19th April 2013

Source: www.iclr.co.uk

Important guidance on criminal confiscation: R v Mahmood – Halsbury’s Law Exchange

Posted April 25th, 2013 in appeals, confiscation, criminal procedure, news, proceeds of crime by sally

“The recent Court of Appeal judgment in R v Mahmood [2013] EWCA 325 provides important guidance on several important issues which often arise in criminal confiscation proceedings before the Crown Court.”

Full story

Halsbury’s Law Exchange, 24th April 2013

Source: www.halsburyslawexchange.co.uk