Category: confiscation

Regina v Doran and another – WLR Daily

Posted March 23rd, 2015 in appeals, confiscation, customs and excise, HM Revenue & Customs, law reports, proceeds of crime, proportionality, sentencing, VAT by sally

Regina v Doran and another [2015] EWCA Crim 384; [2015] WLR (D) 129

‘A surveillance operation mounted by Revenue and Customs because they suspected that a consignment of cigarettes were being imported with the purpose of evading the duty payable did not result in a disconnection between the goods and the importers. Revenue and Customs were thereby monitoring the import, not controlling it, so that a judge was entitled to find that the importers were “holding” the goods within the meaning of regulation 13(1) of the Tobacco Products Regulations 2001 and, by that means, were retaining their connection with the goods at the excise duty point.’

WLR Daily, 17th March 2015

Source: www.iclr.co.uk

Regina v Kakkad – WLR Daily

Posted March 23rd, 2015 in appeals, confiscation, conspiracy, drug offences, law reports, proceeds of crime by sally

Regina v Kakkad [2015] EWCA Crim 385; [2015] WLR (D) 130

‘In confiscation proceedings, in relation to the benefit to be assessed, the market value of cocaine, to the extent that it was matched by an available cutting agent, was that which would have been obtained by cutting it with that available agent. However, the value of cocaine which was not matched by an equivalent amount of cutting agent in the defendant’s control could not properly be valued on any basis other than its undiluted wholesale form.’

WLR Daily, 17th March 2015

Source: www.iclr.co.uk

Court of Appeal rejects tobacco smugglers’ attempts to write off confiscation orders worth more than £2.7m – Crown Prosecution Service

Posted March 20th, 2015 in confiscation, Crown Prosecution Service, customs and excise, news by tracey

‘On Tuesday 17 March 2015, The Court of Appeal rejected an attempt by Robert Doran and Patrick Gray to write off confiscation orders made against them for £1,456,325.00 and £1,244,982.44 respectively, finding in favour of the Crown Prosecution Service (CPS).’

Full story

Crown Prosecution Service, 18th March 2015

Source: www.cps.gov.uk

Regina v McDowell; Regina v Singh – WLR Daily

Posted February 26th, 2015 in appeals, confiscation, law reports, licensing, proceeds of crime, sentencing, waste by sally

Regina v McDowell; Regina v Singh [2015] EWCA Crim 173; [2015] WLR (D) 84

‘Where trading receipts were obtained as a result of lawful trading activity rather than a failure to register particulars with the local authority under the Scrap Metal Dealers Act 1964 before carrying on business as a scrap metal dealer, the trading activity was not criminal conduct from which benefit accrued, and the trading receipts were excluded from the criminal lifestyle provisions under section 75(2) of the Proceeds of Crime Act 2002.’

WLR Daily, 19th February 2015

Source: www.iclr.co.uk

Prisoners’ mobile phones to be cut off under new law – Daily Telegraph

Posted January 5th, 2015 in bills, confiscation, enforcement, news, prisons, statistics, telecommunications by sally

‘Mobile phone companies will be forced to cut off signals to handsets being used by inmates in prisons, under planned new laws.’

Full story

Daily Telegraph, 4th January 2015

Source: www.telegraph.co.uk

Terror law reform signals fundamental shift – BBC News

Posted December 15th, 2014 in bills, confiscation, freedom of movement, news, passports, police, terrorism by tracey

‘Monday sees the return of the government’s Counter Terrorism and Security Bill to the Commons where MPs will get their say on the legislation’s most controversial measure: should ministers be able to ban British citizens from coming home?’

Full story

BBC News, 15th December 2014

Source: www.bbc.co.uk

Landlord ordered to pay £280k after breaching enforcement notices on flats – Local Government Lawyer

Posted November 12th, 2014 in confiscation, enforcement notices, landlord & tenant, local government, news, planning, prosecutions by tracey

‘A landlord who built an outbuilding and converted it into six small flats without planning permission has been ordered to pay more than £280,000.’

Full story

Local Government Lawyer, 11th November 2014

Source: www.localgovernmentlawyer.co.uk

Criminal extradited from Spain and jailed for non-payment of UK Confiscation Order – Crown Prosecution Service

Posted October 3rd, 2014 in confiscation, Crown Prosecution Service, extradition, fraud, medicines, press releases by tracey

‘Martin Hickman, who was convicted in relation to the illegal sale and supply of medicinal products in 2009, has been extradited from Spain and jailed for 10 years after failure to pay a confiscation order made against him in 2012 at Southwark Crown Court.’

Full press release

Crown Prosecution Service, 2nd October 2014

Source: www.cps.gov.uk

Former PCSO tipped off the Sun over Naomi Campbell arrest – The Guardian

Posted September 19th, 2014 in community service, community support officers, confiscation, guilty pleas, media, misfeasance in public office, news, police, suspended sentences by tracey

‘A former police community support officer (PCSO) has avoided jail after he admitted tipping off the Sun that supermodel Naomi Campbell was in custody over an allegation of assault.’

Full story

The Guardian, 18th September 2014

Source: www.guardian.co.uk

CPS secures first ever recovery of criminal assets from United Arab Emirates – Crown Prosecution Service

Posted August 21st, 2014 in assets recovery, confiscation, Crown Prosecution Service, enforcement, foreign jurisdictions, news by tracey

‘Following extensive work both in the UK and Dubai, the new CPS Proceeds of Crime Service (CPSPOC) in London, working closely with the recently deployed CPS Asset Recovery Advisor in Dubai, has secured what is believed to be the first ever successful enforcement of a UK confiscation order in the UAE. The UK has recovered over £300,000 from the sale of an apartment in Dubai Marina belonging to a convicted British criminal.’

Full story

Crown Prosecution Service, 21th August 2014

Source: www.cps.gov.uk

Gang leader loses court battle over crime debt – The Guardian

Posted August 11th, 2014 in assets recovery, confiscation, conspiracy, Crown Prosecution Service, news, proceeds of crime by sally

‘A “retired” high-profile criminal has lost a high court battle over how much he has to pay back from his days of crime.’

Full story

The Guardian, 11th August 2014

Source: www.guardian.co.uk

Regina v Ahmad and another; Regina v Fields and others – WLR Daily

Posted June 20th, 2014 in appeals, apportionment, assets recovery, confiscation, conspiracy, fraud, joint enterprise, law reports, proceeds of crime, sentencing, Supreme Court, VAT by tracey

Regina v Ahmad and another: Regina v Fields and others: [2014] UKSC 36; [2014] WLR (D) 264

‘Where the court, in confiscation proceedings, found that the benefit of the relevant criminal conduct had been jointly obtained, each defendant was liable for the whole of the amount of the benefit and no apportionment was to be made between the co-defendants. However, to avoid double recovery by the state, where there was finding of joint obtaining, so that the confiscation order in respect of each defendant was made for the value of the whole benefit, the order would contain the condition that it would not to be enforced to the extent that a sum had been recovered by way of satisfaction of another confiscation order made in relation to the same joint benefit.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

R (Appellant) v Ahmad and another (Respndents); R (Respondent) v Fields and others (Appellants) – Supreme Court

Posted June 18th, 2014 in appeals, assets recovery, confiscation, conspiracy, fraud, joint enterprise, law reports, proceeds of crime, sentencing, Supreme Court, VAT by sally

R (Appellant) v Ahmad and another (Respndents); R (Respondent) v Fields and others (Appellants) [2014] UKSC 36 (YouTube)

Supreme Court, 18th June 2014

Source: www.youtube.com/user/UKSupremeCourt

Last ditch attempt to thwart POCA in the consumer protection field – Six Pump Court

Posted June 6th, 2014 in confiscation, consumer credit, consumer protection, loans, news, proceeds of crime by sally

‘The Defendant was convicted of 8 counts of carrying on a consumer credit business without a licence (Section 39 Consumer Credit Act 1974 (“CCA”) ) (“illegal money lending”) and was sent to prison. Birmingham City Council whose team has vast experience in and has conduct of most prosecutions in this area of work applied under Proceeds of Crime Act 2002 (“POCA”) to confiscate the Defendant’s property and in particular a house he had purchased with the proceeds of his business. The case was not a “lifestyle” case.’

Full story (Word)

Six Pump Court, 12th May 2014

Source: www.6pumpcourt.co.uk

Landlords face prosecution over criminal tenants – Daily Telegraph

Posted June 3rd, 2014 in bills, confiscation, landlord & tenant, news, sentencing by sally

‘New offence to be announced in the Queen’s Speech will make it an offence to turn a blind eye to criminal behaviour on your property – with a punishment of up to five years in jail.’

Full story

Daily Telegraph, 3rd June 2014

Source: www.telegraph.co.uk

Professionals who do legal work for gangsters face prosecution under new offence – The Independent

Posted June 3rd, 2014 in accountants, assets recovery, barristers, confiscation, corruption, crime, news, sentencing, solicitors by sally

‘Crooked accountants, lawyers and other professionals who profit from crime but are beyond the reach of the law will be targeted under measures to be announced in tomorrow’s Queen’s Speech.’

Full story

The Independent, 3rd June 2014

Source: www.independent.co.uk

New crackdown on corrupt lawyers who help criminals – BBC News

Posted June 3rd, 2014 in accountants, assets recovery, barristers, confiscation, corruption, crime, news, sentencing, solicitors by sally

‘Lawyers, couriers and accountants could be jailed if they turn a blind eye to criminal activity they profit from, under Home Office plans.’

Full story

BBC News, 3rd June 2014

Source: www.bbc.co.uk

Offenders choosing jail time ahead of paying confiscation orders: MPs – Local Government Lawyer

Posted March 25th, 2014 in confiscation, imprisonment, news, reports, sanctions, select committees by sally

‘Offenders are choosing to spend extra time in jail rather than pay confiscation orders and the sanctions for such non-payment do not work, the Public Accounts Committee has said.’

Full story

Local Government Lawyer, 24th March 2014

Source: www.localgovernmentlawyer.co.uk

Regina v Elsayed – WLR Daily

Posted March 14th, 2014 in confiscation, drug offences, law reports, proceeds of crime by tracey

Regina v Elsayed; [2014] EWCA Crim 333;  [2014] WLR (D)  125

‘For the purposes of confiscation proceedings the market value of drugs might vary depending for example on the time at which the drugs were obtained or the capacity or role of the person obtaining them and a judge was entitled to make findings of fact as to what a defendant would do with those drugs, ie sell them as a dealer at street level. Such findings of fact necessarily bore on the value of the property obtained by the defendant.’

WLR Daily, 4th March 2014

Source: www.iclr.co.uk

London Fire Brigade secures first confiscation order against landlord – Local Government Lawyer

Posted March 11th, 2014 in confiscation, fines, fire services, health & safety, landlord & tenant, news by tracey

‘The London Fire Brigade has obtained a confiscation order for the first time, against a landlord who was also fined for breaches of fire safety laws.’

Full story

Local Government Lawyer, 10th March 2014

Source: www.localgovernmentlawyer.co.uk