Author Archives:

Criminal Finances Bill

The new Criminal Finances Bill is intended to strengthen civil recovery of the proceeds of crime; to create unexplained wealth orders; to create new offences of failing to prevent the facilitation of tax evasion; and to extend existing investigation powers in relation to money laundering and terrorist finances

Challenging a s22 PoCA 2002 confiscation reconsideration

This blog post considers the provisions of s22 regarding reconsideration of the defendant’s available amount and ways in which prosecution applications under s22 may be challenged by the defendant.

Bank account frozen

If someone finds his bank account has been frozen by the bank without warning or explanation, what should he do and what can he expect to happen?

Criminal Finances Bill proposed

A new Criminal Finances Bill was proposed in the Queen’s Speech at the opening of the new parliamentary year on 18 May 2016. The new Bill is intended to assist in tackling corruption, money laundering and tax evasion.

Piercing the corporate veil in confiscation

This article attempts to trace recent developments in piercing the corporate veil in caselaw in respect of confiscation and to suggest some practical implications of the present-day legal position in England and Wales.

Balance of probabilities in confiscation

In confiscation law ‘the balance of probabilities’ plays a key role. The inherent probability or improbability of an event is itself a matter to be taken into account when weighing the probabilities and deciding whether, on balance, the event occurred.

Defence opening statements to be introduced

Defence opening statements are to be introduced in the Magistrates’ Court and Crown Court in England and Wales from 4 April 2016. One of the aims of this change is to better identify for Magistrates and jurors, at an early stage, those matters which are in dispute between prosecution and defence.

Confiscation & proportionality

Since the UK Supreme Court decision in R v Waya the issue of proportionality in confiscation has been exercising legal minds in England & Wales. But what does ‘disproportionate’ mean in practice?

Dishonesty in English criminal law

What is meant by “dishonesty” in English criminal law? When considering the meaning of dishonesty the criminal courts of England and Wales often refer to a case decided last century. Recently in the case of R v Hayes [2015] EWCA Crim 1944 the Court of Appeal was asked to think again about the meaning of dishonesty.

Confiscation & compensation – double trouble?

Should the Crown Court make both a compensation order (in favour of the victim of the crime) & a confiscation order (effectively in favour of the Crown) in respect of the same benefit obtained by a convicted defendant?