Category: confiscation

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

Regina v Ward (Barry) – WLR Daily

Posted July 19th, 2010 in appeals, confiscation, jurisdiction, law reports, proceeds of crime by sally

Regina v Ward (Barry) [2010] WLR (D) 191

“The Court of Appeal (Criminal Division) had no jurisdiction to hear an appeal against a refusal by a judge in the Crown Court, on an application under s 23 of the Proceeds of Crime Act 2002, to vary a confiscation order.”

WLR Daily, 16th July 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.

Courts owed £1.3bn in unpaid fines, audit reveals – BBC News

Posted July 6th, 2010 in compensation, confiscation, courts, fines, Ministry of Justice, news by sally

“Courts in England and Wales are owed £1.3bn in unpaid fines, confiscation and compensation orders.”

Full story

BBC News, 5th July 2010

Source: www.bbc.co.uk

BNP faces financial turmoil if found in contempt of court – The Guardian

Posted June 29th, 2010 in confiscation, contempt of court, news, political parties by sally

“Fresh from its disastrous showing at the ballot box on 6 May, the British National party now faces financial turmoil with its assets threatened by court action. The high court is to decide whether Nick Griffin and two other BNP officials should face contempt of court proceedings in which their assets could be confiscated under a ‘writ of sequestration’. The assets include Griffin’s MEP salary, investments and pensions and any property that they might own. The case shows that no political party is above the law.”

Full story

The Guardian, 28th June 2010

Source: www.guardian.co.uk

Regina v White; Regina v Dennard; Regina v Perry; Regina v Rowbotham – WLR daily

Posted May 13th, 2010 in appeals, confiscation, customs and excise, law reports, VAT by sally

Regina v White; Regina v Dennard; Regina v Perry; Regina v Rowbotham [2010] EWCA Crim 978; [2010] WLR (D) 120

“For the purposes of tobacco smuggling cases there was unlikely to be any incompatibility between the rules which made those liable under the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 or the Tobacco Products Regulations 2001 to pay duty and those made liable by Council Directive 92/12/EEC.”

WLR Daily, 12th May 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.

Regina v Neish – WLR Daily

Posted May 10th, 2010 in appeals, confiscation, delay, law reports by sally
“The process whereby a judge gave instructions to the court listing office to relist the hearing of confiscation proceedings amounted to a postponement of the proceedings by the court of its own motion and was a valid postponement for the purposes of s 14 of the Proceeds of Crime Act 2002.”
WLR Daily, 7th May 2010
 
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v Modjiri – WLR Daily

Posted April 26th, 2010 in appeals, confiscation, housing, law reports, proceeds of crime by sally

R v Modjiri [2010] EWCA Crim 829; [2010] WLR (D) 99

“The concern of s 79(3) of the Proceeds of Crime Act 2002 is limited to the valuation of property and does not extend to the realisation of property, so that it does not have to be assumed that a beneficial interest in property has to be sold separately from the property and, for the purposes of making a confiscation order, the correct basis on which to proceed is to take into account the due proportion of the proceeds which the defendant would receive on sale of the property.”

WLR Daily, 23rd April 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.

Revenue and Customs Prosecutions Office v Piggott (Lamb interested party) – WLR Daily

Posted March 24th, 2010 in appeals, confiscation, law reports, proceeds of crime by sally

Revenue and Customs Prosecutions Office v Piggott (Lamb interested party) [2010] EWCA Civ 285; [2010] WLR (D) 84

“A court had jurisdiction to make a management receivership order over any property on the basis that it was realisable property where an issue was still to be determined between the Revenue and Customs Prosecution Office and an interested third party as to the beneficial interest in such property.”

WLR Daily, 22nd March 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.

Regina v Iqbal – WLR Daily

Posted February 5th, 2010 in appeals, confiscation, law reports, time limits by sally

Regina v Iqbal [2010] WLR (D) 23

“An application for the time for proceedings for a confiscation order to be postponed, or for a postponement to be extended, may be made only during the permitted period provided for in s 14 of the Proceeds of Crime Act 2002.”

WLR Daily, 4th February 2010

Source: www.lawreports.co.uk

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

Bonuses for lawyers who seize criminal assets ‘risk undermining justice’ – The Times

Posted November 2nd, 2009 in confiscation, Crown Prosecution Service, news, remuneration by sally

“Crown Prosecution Service lawyers are receiving personal bonuses linked to their success in confiscating criminal assets, The Times has learnt.”

Full story

The Times, 31st October 2009

Source: www.timesonline.co.uk

Tobacco smugglers ‘due payouts’ – BBC News

Posted August 21st, 2009 in compensation, confiscation, customs and excise, news by sally

“Thousands of tobacco smugglers could be due compensation because their assets were wrongly confiscated, customs officials have admitted.”

Full story

BBC News, 20th August 2009

Source: www.bbc.co.uk

R v Nelson; R v Pathak; R v Paulet – WLR Daily

Posted July 31st, 2009 in abuse of process, appeals, confiscation, law reports, proceeds of crime by sally

R v Nelson; R v Pathak; R v Paulet [2009] EWCA Crim 1573; [2009] WLR (D) 266

“Confiscation proceedings properly taken in accordance with statutory provisions should not be stayed as an abuse of process on the ground that the judge considered that they might produce an oppressive result.”

WLR Daily, 30th July 2009

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 Knaggs – WLR Daily

Posted July 15th, 2009 in confiscation, evidence, guilty pleas, law reports by sally

Regina v Knaggs [2009] EWCA Crim 1363; [2009] WLR (D) 239

“A defendant who had pleaded guilty to an offence without any challenge to the facts by way of a Newton hearing was not thereby debarred, as a matter of law, from challenging the prosecution evidence for the purposes of a confiscation hearing.”

WLR Daily, 14th July 2009

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.

Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch – WLR Daily

Posted July 2nd, 2009 in company directors, confiscation, law reports, proceeds of crime by sally

Department for Business, Enterprise and Regulatory Reform v Seager; Department for Business, Enterprise and Regulatory Reform v Blatch [2009] EWCA Crim 1303; [2009] WLR (D) 220

“Where a confiscation order was made pursuant to s 71 of the Criminal Justice Act 1988 or s 6(4) of the Proceeds of Crime Act 2002 against a defendant in respect of his benefit from his criminal conduct in respect of an offence of acting in contravention of an order or undertaking disqualifying him from being a company director, that benefit was not simply to be assessed as the turnover of the relevant company, but as the value of the property obtained by the defendant himself, as determined in accordance with ordinary common law principles of entitlement and ownership.”

WLR Daily, 1st July 2009

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 Clarke (Joseph) – Times Law Reports

Posted July 1st, 2009 in conditional discharge, confiscation, news, sentencing by sally

Regina v Clarke (Joseph)

Court of Appeal

“Where a defendant had been sentenced to an absolute or conditional discharge, the crown court had no power to impose a confiscation order.”

The Times, 1st July 2009

Source: www.timesonline.co.uk